Skip to main content

Full text of "Devaswoms In Travancore"

See other formats


TRAVUNCORE 


printed at the SRI VILAS PRESS, TRIVANDRUM. 


- CONTENTS 


Introduction 

Covenant entered into by the'^RuJers of Travancore 
and Cochin for the formation of the United 
State of Travancore and Cochin 
Devaswom Separation Committee Report 
Devaswom Separation Committee Minority Report 
Proceedings of Government constituting the Deva- 
swom Separation Committee 
Questionnaire 

Statement of the case for legal opinion 
Legal opinion 

Office note on the Advocate General’s opinion 
Letter to the Resident 

Press Communique on the Devaswom Proclamation 
of 1097 

Devaswom Proclamation of 1097 
Devaswom (Amendment) Proclamation of 1121 
Devaswom Proclamation of 1121 
Devaswom (Amendment) Proclamation of 1122 
Devaswom (Amendment) Proclamation of 1123 
Devaswom Proclamation of 1121 as amended by 
Proclamation of 1122 

Devaswom Proclamation of 1121 as amended by 
Proclamations of 1122 and 1123 
Hindu Religious Endowments Act III of 1079 
Hindu Religious Endowments (Administration) 
Act IV of 1100 



Pages 


Hindu Behgjous Endowments (Administration) 

(Repealing) Act IV of 1123 .... 245 

Hindu Religious Endowments (Amendment) Act V 

of 1123 ... 246 

Hindu Religious Endowments Act III of 1019 

(as amended) ... 249 

Service Inams Proclamation of 1068 . . 259 

Karanma Services Proclamation of 1088 .. 260 


Appendix I 

Anu of Sannad addressed to the nine Mukhatbu 

Sarvadhikarikars 262 

Appendix H 

Mr. Ramachandra Kao's Report on Sute Chanties 

and Devaswoms *••• 26S 

Appendix HI 

Proceedings of Government on Mr. Ramachandra 

Rao's Report on Devaswoms •••• 403 


Hindu Religious Endowments Bill, Proceedings of 

the Legislative Council .... Appendix I 



UmiODTJCTION 

THE STATE AND THE 
SRI PADMANABHASWAMI TEMPLE. 

1. Travancore has been ruled by an unbroken line of 
Hindu Kings from earliest times, and throughout the centuries it 
has retained its character as a Hindu State. The State stands 
in a unique position in regard to the Hindu Religious institutions 
in this country. During the middle of the 18th century Maharaja 
Marthanda Varma who is known as the founder of modern 
Travancore subjugated the petty chieftains who ruled large parts 
of the country and consolidated the State. The most important 
temple in the State then as it is now was the temple of Sri 
Padmanabhaswami the tutelary Deity of the Royal House of 
Travancore. The temple was richly endowed, had very extensive 
lands and was originally governed by a Synod of eight hereditary 
trustees and the King, the King having only half a vote. Gradu- 
ally the King secured more and more control and by the beginning 
of the 18th century the Yogam or Synod was ousted and the 
administration of the temple passed entirely into the hands of the 
Sovereign. After the conquest of the petty chieftains and the 
consolidation of the State* Maharaja Marthanda Varma dedicated 
the State to Sri Padmanabhaswami by a formal and solemn act 
of dedication in January 1750. The Maharaja thereafter assumed 
the title of Sri Padmanabba Dasa, servant of Sri Padmanabba ; 
and since then this has formed part of the title of the Rulers of 
Travancore, who act as servants and agents of the Deity. The 
theocractic character thereby stamped on the constitution of the 
Slate has never since been lost sight of by succeeding Sovereigns. 
The character of the administration and the attitude of the 
Government towards Hindu Religious institutions have 



11 


Toaterially influenced by this conception of the State, with the 
result that the Devaswom administration was inextricably mixed 
up with the State admimsttaUon (or nearly twa centuries. 
Rightly or wrongly a large section of the public believed that ine 
State belonged to the Deity and us administration was conducted 
by the Sovereign on behalf of and as the servant of the Deity. 
The properties of the State have since been recorded as Pandara- 
vaga (belonging to the Deity) and for the well being of the State 
It was considered to be the paramount duly of the Sovereign to 
make contributions towards the expenditure for religious cere- 
monies and for the Sn Padmanabhaswami temple. It has been 
the unbroken practice during the last two centuries for the State 
to make contributions from the general revenues for these 
purposes* 

2 The Sn Padmanabhaswami temple has separate pro- 
perties and endowments and a separate establishment of its own, 
and has always been directly administered by the Sovereign. It 
has all along been regarded as a separate institution unconnected 
with the other Devaswoms managed by the State Of the three 
categories into which Devaswoms may be classified this temple 
must be treated as belonging to one category It has a separate 
administrative machinery of us own It owns separate landed 
properties and the whole management and supervision of the 
templevests in the Sovereign, who appoints the necessary esta- 
blishment and arranges for the due performance of service Under 
the Maharaja the administration of the temple is now earned on 

bv a Kartakar bv a nnmhpr of clerks and anrrumtanfe 



lands. They lie scattered in the taluks of Thovala, Agastees- 
waram, Kalkulam, Vilavancode, Neyyattinkara, Trivandrum, 
Nedumangad and Chirayinkil. The revenues from these lands 
are collected by the Sanketham and Melkanganam Departments. 
These Departments are under the direct charge of two Tahsil- 
dars styled as Sanketham .Tahsildar and Melkanganam Tahsil- 
dar holding their offices at Padmanabhapuram and Trivandrum 
respectively. -They are under the administrative control of the 
Trivandrum Division Peishkar like other Taluk Tahsildars and 
are empowered to exercise powers under the Revenue Recovery 
Act to realise the revenue due to the temple. The jurisdiction 
of the Sanketham Tahsildar relates to the Sri Pandaravaga! 
lands in the taluks of Thovala, Agasteeswaram, Kalkulam and 
•Vilavancode and that of the Melkanganam Tahsildar to such 
lands in the taluks of Neyyattinkara* Trivandrum, Nedumangad 
and Chirayinkil. The Sanketham Tahsildar has nine sub-offices 
called Maniyams, each in charge of a I^anikar assisted by a 
number ol accountants ; and the Melkanganam Tahsildar has 
seven sub-offices called Melkanganams, each in charge of a 
Melkanganakar also assisted by a staff of accontants. 

4. The expenses in the temple are mainly met from 

the Melkanganam treasury while contributions are made from 
the TJtsavamatom, the -palace and the Kandukrishi funds. A 
separate, allotment in the Stale Budget was provided for the 
purpose. 1 • • 

5. The Utsavamatom which includes the Agrasala 
(Choultry) as well is a very ancient institution whose exact origin 
is lost in antiquity and is therefore difficult to be traced. This 
institution is responsible for the conduct of the daily feeding in 
the Agrasala inside the Sri Padmanabhaswami temple on ordi- 
nary days and of feasts on a large scale on festive occasions like 



fixed in quantiiy as 

suppiv o' ‘rpeVordS 

te above tneni-ned Utsavamatom- 

special bend='"*l^“„ v,ae nndet ibe con«ni^ Controlling 

U09 theUtsavaro Government ,".„tion was nndet 

Officer thereof ^ n^^, the Mahara, ^^^^ the Controllmg 

command ot SarvadbiUar.akat b 

o' u ^""officer styled Utsav-ato 

Officer. A imToediate charge incurred under 

appointed to t ot this intt''n''“" p^ndatavagai ” and 

expenditure on acc^^ bt ^ head 

the budget ''0=-^ was ""etormed legislature 

»XXV State Ch the administration 

"“aTvcUble item. '’“'fotsavamatom Office 

became ^ ,5 divided mto I ,3^ Koncharavila 

Stotes. (« "^"t’insSrtionin the State^ 

proper and ^gtasala is an ano.en‘ « „otnmg and 

Kaniipnta. ^ to the teed.ng daPy 

•^''“i^'TriaS "^ cierus and peons 

evening cistin*' o! ^ ©rted witH 

6 There is a staff con « „ Office conneoted 

icr attending to Ibe ed.gtas3la. 

the administtatton of DEVASWOMS. 

the STATE 

TV. State had only o[ Devaswoms wa 

'■ ^ wnti a very latge number them 

direct eontrol untn theStatem Ih't , . come 

a^tmed 'o-^f/^red bV tbe ,,, 

'”='^"’“tpes"tothe management ^of^-h.c^^ tempies 

r::eederby tigw ot conquest. 



surrendered by agreement or treaties. But all these Devaswoms 
has separate endowments and were separately managed. 

8. Before dealing with the question relating to the Beva- 
swdms assumed in 1811, it may be staled at the outset that the 
whole difficulty in dealing with the Sirkar Devaswoms has arisen 
on account of the manner in which the properties and income of 
the Devaswoms assumed in 1811 have been dealt with making it 
impossible for the State to identify and separate their properties 
or to render an account of their income and expenditure. The 
position of the State in regard to these Devaswoms is that of a 
trustee who has fixed up trust properties with his own. And when 
it is remembered that the Devaswoms assumed in 1811 from 93 
per cent of the Devaswoms under Sirkar management the 
importance of the question to be dealt with becomes apparent, 

9. The vast majority of the Devaswoms in the State 
were founded and endowed by the people and were managed by 
Ooralers or trustees and the State had no concern with the 
management of those temples. Though the State did not inter, 
fere in the internal management of these Devaswoms the 
Sovereign had from ancient days what is called a Melkoima right 
(right of superintendence) over the trustees. The constitution 
of ordinary Malabar Devaswoms is described in the Travancore 

» Law Reports, Vol. XI at page 197. The trustees of Deva- 
swoms were never regarded as the proprietors of the Deva- 
swom proprictofsi The ownership of the Devasvvom properties 
was all along considered as vested in the Deities themselves 
and the very expression “Devaswom** means that which belongs 
to the Deity. This Melkoima right over the religious insti- 
tutions was exercised in their Stales from ancient times by the 
Rulers of Malabar. This right seems also to have existed through- 
out India. In a case reported in the Travancore Law Reports 
Vol. Vni page I, the Travancore High Court has held that in 
cases of gross mismanagement the Hindu Sovereign had the “* 



t -n, the management of Devaswoms without recourse to 

^“.isotoherememhereathat.^^^^^^^ 

‘’'^1rrTr:vr::"^^ tU vd. XXI page 2.1). 

reported m the he exercised large powers in religious and 

r 

temple functionaries. After the consoiidation of 
^**''°* .1 -15 dedication in 1750 the administration became 

^Lr^nd — rand the Soxer.gn Powerfui e.ug^to 
exercise these rights ov« 

5 this cnslomirry law which enabled the State under certain 

conditions to make arrangements tor the management of public 
condition Sovereigns 

ofta'Iancme -led the management of mismanaged Deva- - 

mi the tear 1903- In that year on the basis of this 

::;rt “ 

Religious Endowments Act of 1079 fS903) was passed. Since 
the enactment of this Statute the assumptions of management of 
Devaswoms by the State have been made only in accordance 
with the provisions of that Act. and the properties and the income 
and the expenditure relating to each of the Devaswoms so assumed 
have scrupulously been kept separate No difficulty arises in 
dealing with such Devaswoms whose accounts are kept separate 
and in relation to which the State occupies the position of a 
trustee competent to give an account of their income and expendi- 
ture. This was not done in the case of the Devaswoms assumed 



in 1811 and the peculiarity and complexity of the question relat- 
ing to Sirkar Devaswoms have arisen wholly on account of the 
fact that no precaution was adopted by the State of keeping their 
receipts and expenditure separate from the general revenue and 
the general expenditure. The State went further and made it 
impossible to identify or separate the Devaswom lands and 
finally converted them into Pandarapattom or Sirkar lands for 
the benefit of the general public. 

CATEGORIES OF DEVASWOMS. 

10. It is therefore necessary to classify the Devaswoms 
assumed for purposes of management by the State into two 
di&tincl categories^ In one category has to be included all those 
Devaswoms which were assumed in 1811 and whose income and 
expenditure were mixed up with the State revenue and expendi- 
ture and whose properties were treated as Sirkar properties. 
Since their income and expenditure have been so mixed up they 
are called Incorporated Devaswoms. The Devaswom Procla- 
mations of 1097 (1923) and U31 (1946) deal execlusively with 
these Devaswoms and because all ihe Devaswoms assumed in 
1811 are listed in the Schedule to these Proclamations they are 
also called Schedule Devaswoms^ The history of the Deuaswoms 
in Travancore is mainly concerned with these Devaswoms and 
will be dealt with separately. 

11. There remain the other Devaswoms similarly 
assumed by the Sovereign in exercise of the Melkoima right, but 
in whose case separate accounts for each Devaswom is maintained 
and the properties, income and expenditure are all separately 
kept. Some of these Devaswoms were assumed by the Sovereign 
in exercise of the costomary law before 1079 (1903) and some 
were assumed under the provisions of the Travancore Hindu 
Religious Endowments Act of 1079 (1903) already referre 



All these Devaswoms come under the ea». because 

fh re a c separate accounts m respect of each of them. The 

nailed unineorporaUi Devaswoms as their 

not beet ncorporated\vith the general revenue and 

"Tt enairFor tL reason that they have separate 
1 H sit accounts with Government Treasuries and are 
« •» -• 

Devaswoms, 

12 It may be mentioned here that there are a few 

Persona Deposit Devaswoms administered by the Slate which do 

! strictly come under the category of ^eva-oms assumed a 
* u« Hrtralprs or trustees. ine ratiazai 
result of mismangement by uoraiers u. 

result 01 m b ^ Kakur, Perumanom, 

Devaswom within the State an 

r. , 1 , 1 ,.., Plankulam Devaswoms outside the state are 

Mala^nkula , - a history as to how it came under 

such Devaswoms. self-supporting and 

State managemen . Personal Deposit 

have ^ solution arises in regard to these 

Devaswoms No^P ,, psWate parties in 

Devaswoms. j . ^ 550^35 (see 

respect of several matters, e. g , gram 
Land Revenue Manual, Vol. 11. P- 212 ) 

13 Thus there are three categories of Devaswoms under 

' ‘ nt n! the State. These are as already explained .— 

, the management ot the siaie 

(1) The Sri Padmanabhaswami Temple s 

■ (21 The incorporated or Schedule Devaswoms being 
the Devaswoms assumed in 1811 ; and 


(3) the unincorporated or Personal Deposit Devaswoms. 
The case ot the Incorporated Devaswoms requires more 

dSailed consideration. 



ix 

HOW DEVASWOMS ARE ADMINISTERED. 

14. Until the year 1097 (1922) when the Devaswoni 
’Proclamation was promulgated and a separate Devaswom Depart- 
ment was organised and brought into existence the administration 
of all the Divaswoms assumed by the State, both incorporated 
and unincorporated, was conducted by the Revenue Department 
Since the promulgation of the Devaswom Proclamation of 1097 
(193?) consequent on the separation of the Devaswoms from the 
Revenue Department the Devaswoms have been administered by 
Government through the Devaswom Department. When the 
Interim Constitution Act was passed in 1948 the Devaswoms and 
Hindu Religious Endowments were reserved exclusively for 
direct administration by His Highness the Mabaraja. All the 
Devaswoms are now administered by His Highness the Maharaja 
the Sri Padmanabhaswami temple directly and the other Deva-,. 
swoms, both incorporated, and unincorporated, through the 
Devaswom Department under a Devaswom Commissioner 
appointed by him. 

THE INCORPORATED DEVASWOMS. 

15, Reference has already been made to the necessity 
for dealing with this category of Devaswoms m some detail 
particularly in regard to their right to get contribution from the 
revenues of the State. 

16 As alreally rnentioned most of the Devaswoms in 
the State were founded and endowed by the Hindu public. 
There is ample evidence to show that the Hindus were contri- 
buting liberally towards the conkruction and maintenance of 
these temples and were making rich endowments in their favour 
from time to time. From early days these Devaswoms were 
under the management of a body of persons called Karakl 



zil 

treated as Incorporated Devaswoms. About 30 Devaswoms 
were thus assumed and similarly dealt with. Some of these 
Devaswoms like Kaviyoor were immensely rich. (See Settle- 
ment Final Report, Appendix 11, Vol. IV, page 1560), 

20. The Devaswoms had also other fluctuating income in 
the shape of offerings from devotees. There would have been 
no difficulty and no cause for complaint had the Government 
been careful in their dealings with these properties and had 
separate accounts been maintained and the income of these Deva- 
^worns been kept separate. But no separate accounts of the 
income and expenditure have been maintained except for a few 
■years immediately following the assumption. There was how- 
ever no intention at first to merge the revenues ol the Devaswoms 
Avith the revenues of the State. But in course of time as the 
Devaswoms were administered through the Revenue Department 
and all the collections credited in the general accounts, Deva- 
sworn revenues became indistinguishable from the general revenues 
of the State. The practice of keeping separate accounts gradu- 
ally ceased and the properties themselves were in many cases 
treated as Pandarapatlom or Sirkar properties and shown in the 
accounts as such. Thus after the lapse of some time the income 
derived from these Devaswom properties became absorbed in the 
general revenues of the State and the expenses for their mainte- 
. nance came to be met out of the general revenues. In course of 
time the properties became incapable of identification 'and 
separation, 

21. Even so early as 1048 M. E. (1873) about sixty years 
after their assumption when Dewan, Sir Seshiah Sasti, wrote in his 
Administration Report for 1048 and 1049 that the State was only 
a trustee in regard to these Devaswoms, the British Government 
raised a query whether in that case the revenue derived from the 
Devaswom lands could not be shown in a separate account ia 



■future* To this he replied J “ There is no objection of course, if 
it could be done, but inasmuch as the collections from the Deva- 
■swom lands are treated like and mixed up with the collections 
from non-Devaswom lands the former could not be shown apart 
•from the latter.** He also stated that “ the total expenditure on 
the Devaswoms was more than covered by the total revenue of 
Devaswom lands assumed whether in 957 M. E. (1811) or at much 
earlier dates." 

22. It may be mentioned in this connection that these 
Devaswoms were Jenmies or landlords in respect of their proper- 
ties which were leased out to tenants and the rent was mostly 
collected in kind for the requirements of the Devaswoms The 
Devaswoms were sobjected to one loss after another in respect of 
their properties. They were subjected to a loss on account of 
the administrative reforms between 987 M. e. (1811) and 1031 M.E. 
(1906) abolishing taxation in kind and substituting money 
payments at a commutation rate either of 6 cbs. or 11 cbs. per 
para of paddy having been extended to the lands from which the 
Devaswoms were deriving a paddy income. Their right to get 
an increase of revenue due to exlention of cultivation in course 
of time was also lost (See Government Press Comniunique of 
1922). Though in a series of rulings the High Court held that 
the assumption of Devaswom lands did not change the character 
or tenure of those lands and that the Pattern Proclamation of 
1040 (1865) which conferred fixity of tenure and proprietorv 
rights on holders of Pandarapatiom or Sirkar lands did not apply 
to Devaswom lands, Government continued to treat Devaswom 
lands like Sirkar lands and ultimately most of the lands came to 
be recorded in the Sirkar accounts as Sirkar lands. 

23. The question as to the exact legal position of these 
Devaswoms in relation to the Slate has come up for consideration 



statements of idetifiable lands prepared by the Peishkars a 
provisional net demand was arrived at the attempt at a complete 
identification failed for reasons already referred to and no further 
steps in that direction were taken. In respect of this attempted 
separation it is stated in the Settlement Final Report “ that a 
large number of Devaswom lands has been recorded in the 
present settlement as Sirkar partly because they had been already 
so treated in the revenue accounts and partly through mistake, 
error or misconception." The attempt was therefore given up 
as impossible. 

27* The above proceedings did not satisfy many commu* 
«nities. There was agitation for the separation of the Devaswom 
administration from the Land Revenue Department With a 
view 10 take the necessary action in the matter the Government, 
by their proceedings No. D. 952 dated 3rd April 194^0, appointed 
a committee consisting of oificiaJsand non'o/Bcials, both Hindus 
and Christians, with directions to report on t 

(1) relation between the State and the Devaswoms, 
and 

(2) whether it was not feasible to separate the admini- 
stration of the Devaswoms from the Land Revenue 
Department. 

28. The Committse unaaiatoasly reported Chat (he 
administration of the Devaswoms may be separated from the 
Land Revenue Department and that it may be placed under a 
separate new department. 

29. With regard to the relation between the State and 
the Devaswoms the Committee was unanimously of opinion : — 

(1) that the Devaswoms were not confiscated by the 
State ; * 



XVll 


(2) that the object of assumption was the better manage- 
ment of the institutions ; and 

(3) that by the merger of the Devaswom revenues with 

those of the State the Government have incurred 
an obligation to maintain them efficiently for all 
time to come. ^ 

30. The members of the Committee differed however in 

one respect though this difference did not affect the general 
conclusion. The majority held that though the assumption was 
by virtue of the 'Melkoima* right of the Hindu Sovereign the 
State was Sovereign proprietor of the Devaswoms and therefore 
was accountable to none. The dissenting member was of opinion 
that the assumption was only of management, that the State has 
tn consequence constituted itself a trustee, that the State is under 
a legal obligation to maintain the Devaswoms and that as the 
trustee has mised up the trust property with bis own the expendi* 
ture in connection with_the Devaswoms is a valid upon 

the general revenues of the State. 

31. Government considered it necessary to take legal 
opinion before finally deciding what action they should take- 
Accordingly a reference was made to the Advocate General of 
Madtas. The Advocate General agreed with the minotlty view. 
According to him the State intervened for the purpose of prev ent- 
ing mismanagement and took charge of the trust properties 
avowedly for the purpose of carrying out the purpose of the 
endowments. He pointed out that where the trustee mingles the 
trust properties with his own the beneficiary is entitled to a charge 
on the whole fund for the amount due to him. His suggestion 
to set apart for the upkeep of these Devaswoms that portion of 
the total land revenue which the Devaswom properties according 
to the calculation at the time of assumption bore to the aggregate 



zviii 

land revenue at that time was accepted by Government and was 
adopted in the Devaswom Proclamation of 1097 which was 
promulgated by the Sovereign on the 30th Meenom 1097 (12th 
April 1922). The preamble to this Proclamation sets out the 
various circumstances which necessitated the settlement of thfr 
question of management of these Devaswoms in the manner 
provided in the Proclamation The Proclamation relates only to 
the Devaswoms assumed in 987 ii. e. (1811 a d.) as stated m the 
preamble itself. The Press Communique published along with 
this Proclamation, after referring to the majority and minority 
views in the report above referred to, says’ — 

“The Government of His Highness the Maharaja 
have taken the necessary legal opinion and have 
come to the conclusion that the State's assumption 
of these Hindu Religious Institutions in the days- 
of Col Munro was an act in the escercise of the 
traditional right of “Melkoima” inherent in the 
Hindu Sovereigns of the State and that it was not 
an act of confiscation. The Government are 
accordingly under an undoubted obligation to main* 
tain the Devaswoms for all time properly and 
efficiently especially in view of the circumstance 
that bad all the properties of these Devaswoms 
been kept separate the progressive income deriv- 
able tbeteftom might have been more or less 
sufficient to defray all the expenses connected with 
their efficient management." 

32. The policy laid down in Government Proceedings 
dated 25th October 1912 of separating Devaswom lands from 
'Sirkar lands and assuring the Devaswoms their full revenue at 
the next settlement was finally abandoned by this Proclamation 
and it was enacted m Section 6 of the Proclamation that “all 



arpmovable properties belonging to the Devaswoms shall here- 
after to all intents and purposes be deemed to be “Pandaravaga’*' 
and dealt with as such»" Reference has already been made to 
the fact that in respect of Devaswom lands the tenants had no 
such proprietory rights as they had in respect of Pandaravagi or 
Sirkar lands. There remained a vast extent of Devaswom lands 
even though considerable portions have been recorded by this 
lime as Sirkar lands. By this provision fixity of tenure was 
conferred on the holders of Devaswom lands and the Devaswoms, 
for ever deprived of their right in respect of them. No Schedule 
Devaswom could therefore lay claim lo any land as its own and 
in fact by the terms of this section even the very sites of the 
temples became Sirkar lands* The sites of temples, Nanda* 
vanams etc, had to be tranfcrred to the respective Devaswoms 
as Porambokes by the executive orders of Government. It is 
stated in the Press Communique above referred to that— 



created and to reserve to themselves the right to 
make to the Devaswoms when absolutely necessary 
additional contributions from the general revenues 
of the State in any particular year ” 

Section 7 of the Proclamation accordingly provides that the 
expenditure in connection with the new Devaswom Department 
created by the Proclamation shall be met out of the general 
revenues of the State. One of the objects of the Proclamation 
being the rectification of the mistake that was done by mixing 
up State properties with those of the Devaswoms, it was consi- 
dered necessary to provide that the State shall not be held 
accountable to its subjects in respect of their administration. 
Section 9 therefore provided that: "no suit shall lie in any Civil 
Court against our Government — 

(1) for anything done in relation to the Devaswoms 
mentioned In the schedule and their properties 
before the commencement of this Proclamation ; 
and 

(2) for anything done or purporting to be done in 
pursuance of this Proclamation.*’ This provision 
was repeated in the subsequent Proclamation also. 
His Highness the Maharaja’s right to make contri- 
butions out of the State revenues towards Sri 
Pandaravaga expenditure, etc., was left unaffected. 

33. For the Devaswom lands thus appropriated by 
Government provision was made in the Proclamation that an 
allotment was to be made in the State budget every year for 
these Devaswoms " such allotment not being less than 40% of the 
AyaTtut and Sanchayatn'land revenue of the State."'' It will be 
seen from Proclamation that the allotment made by the Govern- 
ment from the general revenues is in lieu of the income of the 



Devaswom properties that had got mixed with Pandaravaga or 
Sirkar properties and by th6 Proclamation converted into 
Pandaravaga or Sirkar properties. The fixing of a proportion of 
the total land revenue also prevented the possibility of arbitrary 
interference from time to time. The proportion was^fixed on the 
basis of the ascertained income from the trust properties on th6 
date of their assumption recognising the right of the Devaswoms 
to share in the increased income from land revenue at a future 
land revenue settlement However as stated in the Government 
Press Communique of 1922 the legitimate income to which the 
Devaswoms are entitled from all sources does not seem to have 
been taken into account in fixing this proportion. The income, 
for instance, from Cherikkal lands and the properties of Deva- 
swoms subsequently incorporated was not taken into account. 

34, Towards ,the' end of 1121 M. E. (July 1946) the 
Government decided to introduce the basic land tax system at 
the uniform rate of 4 cash per cent of land or 14 annas per acre 
m place of the then existing system and to bring It into force at 
the beginnjg of the year 1122 (August 1946), The introduction 
of this system was sure to bring about a substantial reduction 
of the land revenue and consequently would have entailed a 
corresponding reduction in the amount that has to be alloted 
to the Devaswom Fund as per the Devaswom Proclamation of 
1097 (1922). To make up foif the loss that Government had to 
sustain by the introduction of the basic tax, Government decided 
to impose an agricultural income-tax. There was no means 
at the time of knowing precisely to what extent the land tax 
would be reduced by the introduction of the new system and 
how much would be made up by the imposition of the 
agricultural income-tax. If instead of imposing a basic tax a 
new Settlement was undertaken, land revenue would have 
increased to nearly 200% of the then existing land revenue as 



XXIV 


tikfen over in 1811 as mentioned above, have no other funds 
of their own with which they could be maintained even for a 
single day. It may also be stated that according to the Govern- 
ment Proceedings dated 25lh October 1912, those Schedule 
^ JDevaswoms constituted over 98 per cent of the Devaswoms 
managed by the Slate 

38 Simultaneously xvith the integration of the States 
of Travancore and Cochin a machinery for the future admim 
stration of all these categories of Devaswoms mentioned above, 
will have to be devised. What that machinery should be is 
a matter for discussion and settlement 



THE COVENANT 


ENTERED INTO BY THE RULERS OF 

travancore and cochin for the formation 

OF THE UNITED STATE OF TRAVANCORE 
AND COCHIN 

We, the Rulers of Travancore and Cochin, do hereby, 
■with the concurrence and guarantee of the Government of India, 
enter into the following Covenant: 

Article 1, As from the first day of July, 1949, the 
States of Travancore and Cochin shall be united in and shall 
form, one State, with a common Executive Legislature and 
Judiciary, by the name of THE UNITED STATE OF 
TRAVANCORE AND COCHIN. 

Article 2. In the succeeding Articles of this Covenant, 
the first day of July, 1919, is referred to as the appointed day, 
the States of Travancore and Cochin are referred to as the 
Covenanting States and the United State of Travancore and 
Cochin is referred to as the United State* 

Article 3, As from the appointed day, — fa) all rights, 
authority and jurisdiction, belonging to the Ruler of either of 
the Covenanting States which appertain or are incidental to the 
Government of that Stale shall vest in the United Stale; (b) 
all duties and obligations of the Ruler of either of the Cove- 
nanting States pertaining or incidental to the Government of 
that Slate shall devolve on the United State, and shall be 
discharged by it ; and (c) all the assets and liabilities of either 
Covenanting Slate shall be the assets and liabilities of the 
United State. 



ii 

ATticle^:{\) There shall be a Raj Pramukh for the ^ 
United State. 

(2j The present Ruler of Travancore shall be the 
first Raj Pramukh and shall be entitled to hold 
office during bis life-time. 

(3) In the event of a permanent vacancy arising in the 
Office of the Raj Pramukh by death, resignation 
or any other reason, such vacancy shall be filled 
in such manner as the Governor-General of India 
may prescribe. 

(4) Notwithstanding anything contained in this Article, 

if the Raj Pramukh is by reason of absence or 
illness or for any other reason unable to perform 
the duties Tof bts office, those duties shall until 
he has resumed them be performed in such 
manner as the Governor* General of India may 
prescribe.’. 

Article 5. To enable the Raj Prarr.ukh to discharge 
convenientlyand with dignity the duties of his office, he shall be 
paid such allowances as may be prescribed by the Governor- 
General->f India ^from time to time. 

Article 6- Subject to the provisions of this Covenant, 
the executive authority of the United State shall be exercised 
by the Ra] Pramukh either directly or through officers subordinate 
to him 4 jbut|nothing[in this Article shall prevent any competent 
Legislature of the*United State from conferring functions upon 
subordinate authorities or be deemed to transfer to the Raj- 
Pramukh any’j functions conferred by any existing law on any 
court. Judge or officer or any local other authority in either ofs 
the Covenanting States. 



ill 

Article*l.{\) There shall be a CouncU of Ministers to aid 
and advise the Kaj Pramukh in the exercise of 
his functions save as provided in Articles 12 and 13. 

(2) The Ministers shall be chosen by, and shall 
hold office during the pleasure of the Rajpramukh. 

Ariicle S The obligation of the Covenanting State of 
Travancore to contribute from its general revenues 
a sum of Rs. 50 lakhs every year to the Deva- 
swom Fund as provided for in the3|Davaswom 
(Amendment) Proclamation, 1123 M, E, and a 
sum of Rs. one lakh every year to Sree Pandara- 
vaga referred to in Proviso (A) to sub-section 
(1) of Section 23 of the Travancore Interim 
Constitution Act 1123 M. E, shall, from ‘the 
appointed day, be an obligation of ‘the United 
State and the said amounts shall be payable 
therefrom and the Raj Pramukb shall cause the 
said amounts to be paid every year to the 
Travancore Devaswom Board and the Executive 
Officer (referred to in sub-clause (b) of this Article) 
respectively. 

(b) The administration of Sree Padmanabhaswamy 
Temple, the Sree Pandaravaga properties and 
all other properties and funds of the said temple 
now vested in trust in the Ruler of the Covenanting 
State of Travancore and the sum of Rs. One 
lakh transferred from year to year under the 
provisions of Clause (ai of this Article, and the sum 
of five lakhs of ruoees contributed from year to 
year toward* the expenditure in the Sree 
Padmanabhaswamy temple under sub-clause (c) 



this article, shall, with effect from the first day 
f August 1949 be conducted, subject to the 

, .[ three Hindu Members to be 

^°J„°ted bytheRulerofTtavancore to advise 
the discharge of his functions Suits by or 
htm ®Padma«abhaswamy Temple or 

r”:|,ect of us properr.es shall be .nstuu.ed .n 
the name of rhe said Executive Officer 

I t The administration of the incorporated and un- 
incorporated Devaswoms and of Hindu Rehgmus 
Institutions and Endowments, and all thetr pt 

Sesrand funds.as well as the fand — d 

under the Devaswom Proclamation 1097 M. E. 

::d the surplus fund constituted under the 

sworn (Amendment) 

which are under the management of R 

of the Covenanting State of Travancore and the 

of Rs- 50 lakhs iransleried from year t 
.ear under Clause (a) shall with effect from the 

first day of August 1949. vest in a Board known 

the Travancore Devaswom 
eU^raanua, Iributlon of five lakhs of 
® n 11 he made by the Travancore Deva- 

"'’r ta d from the aforesaid sum of Rs 50 
X Awards the expenditure in the Stee 

Padmanabhaswamy Temple 


(d) 


The administration of the incorporated and ur- 
ineorparated Devaswoms and Hindu Religion, 



Institutions, twhich are under the management of 
the Ruler of. the covenanting State of Cochin under 
Section 50 G* of the Government of Cochin 
Act XX of 1113 M. E* or under the provisions of 
the Cochin Hindu Religious Act I of lOBlM. E, 
and all their properties and funds and of the 
estates under the management of the Devaswom 
Department of the covenanting State of Cochin> 
shall with effect from (he first day of August 19*19 
vest in a Board known by the name of the Cochin 
Devaswom Board: 

provided that the regulation and control of .all rituals 
and .ceremonies in the Temple of Srce Poornathrayeesa at 
Trippunithura and in the Pazayannore Bhagavathy Temple * 
at Pazayannore shall contiuue to be esercised as hitherto by 
the Ruler of Cochin. 

(e) The Board referred to in sub^Clause (c) of this 
Article shall consist of Three Hindu Members, one 
.of whom shall be nominatsd by the Ruler of the 
covenanting State of Travancore, one by the 
Hindus among the Council of Ministers, and one 
elected by the Hindu Members of the Legislative 
Assembly of the United Stale. 

(j) The Board referred to in sub-clause (d) of this 
article shall consist of three Hindu Members, one 
of whom shall be nominated by the Ruler of the 
covenanting State of Cochin, one by the Hindus 
among the Council of Ministers, and one elected 
by the Hindu Members of the Legislative Assembly 
of the United State. 

(gl Each of the afv'resaid Boards shall be a separate- 
body corporate having perpetual succession and 



VI 


a common seal with powers to hold and acquire 
properties and shall by Us name sue and be sued 

(Ji) Subject to the provisions of this Article, the con- 
stitution, powers and duties of the Boards 
aforesaid shall be such as may be determined here- 
after by law enacted by competent authority. 

Arhcle 9 The Raj Pramukh shall, within a fortnight 
of the apDointed day, execute on behalf of the United State an 
Instrument of Accession in accordance with the provisions of 
Section 6 of the Government of India Act , 1935, and in place 
and the Instruments of Accession of the Covenanting States, and 
we shall, by such Instrument accept as matters with respect to 
which the Dominion Legislature may make laws for the United 
State all the matters mentioned in List I and List III of the 
eleventh Schedule to the said Act, except the entries m List I 
relating to any tax or duty , 

Provided that nothing in this Article shall deemed to 
prevent the Raj Pramukh from accepting by a suopiementary 
Instrument any or all of the entries in the said List I relating 
to any tax or duty as matters with respect to which the Dominion 
Legislature may make lavvs for the United State , and in doing 
so the Raj Pramuk may specify the limitations, if any, subject 
to which the power of the Dominion Legislature to make laws 
(or the United State in respect of sacb matters, and the exercise 
of the Executive anthonty of the Dominion in the United State 
are respectively to be subject 

Article 10 (1) There shall be a Legislature for the United 
State consisting of the Raj Pramukh and the Legis- 
lative Assembly 

(2) All persons, who, immediately before the -appointed 
day, are members of the Representative Body of 



Travancore or the Legislative Assembly of Cochin, 
shall, on that day become members of the Legi- 
slative Assembly of the United State. 

(3) If immediately before the appointed day any 
vacancy exists in the membership of the Repre* 
sentative Body of Travancore or the Legislative 
Assembly of Cochtn, it shall be deemed to be a 
vacancy ,in the membership of the Legislative 
Assembly of the United State, and any such 
vacancy and any vacancy that may occur after 
the appointed day shall be filled in the same 
manner as it would have been filled if this Cove- 
nant had not been entered into. 

{A) The Legislature of the United State shall, subject 
to the provisions of this Covenant, have full power 
to make laws for the United State, including provi- 
sions as to the Constitution of the United State, 
within the framework of this Convenant and the 
Constitution of India. 

Arltcle 11. Until a Constitution framed or adopted by 
the Legislature comes into operation, the Raj'a Pramukh shall 
have power to make and promulgate Ordinances for the peace 
and good Government of the United Slate or any part thereof, 
and any Ordinance so made shall for the space of not more than 
■six months from its promulgation, have the like force of law as 
an Act of Legislature, but any such Ordinance may be controlled 
or superseded by any such Act. 

Article 12, If at any time, before a Constitution framed 
or adopted by the Legislature comes into operation, the Raj 
Pramukh is satisfied that a situation has arisen, in which the 
■Government of the United State cannot be carried on in accord- 



ance with the provisions of this Covenant, he may, with the prior 
concurrence of the Government ofiIndia,-by Proclamation: — 

(a) declare that his functions shall to such extent as 
may be specified in the Proclamation, be exercised 
by him in his discretion ; 

(b) assume to himself all or any of the powers vested 
in or exercisable by any authority or body within 
the United State ; 

And any such Proclamation may contain such incidental 
and consequential provisions as may appear to him necessary or 
desirable for giving effect to the objects of the Proclamation, 
including provisions for suspending, in the whole or part, the 
operation of any provisions of this Covenant, or of any other 
constitutional provisions relating to any authority or body in the 
United State* 

Provided that nothing in this Article shall authorise the 
Raj Pramukh to assume to himself any of the powers vested in 
or exercisable by a High Court, or to suspend, either in whole or 
in part the operation of any law relating to^ High Court. 

Article li. Until a Constitution framed or adopted by 
the Legislature comes into operation, the Raj Pramukh and 
the Council of Ministers shall, in the exercise of their functions 
comply with such directions, if any, as may from time to time 
be given by the Government of India. 

Arttcle 14. (1) The Ruler of each Covenanting State 
shall be entitled to receive annually from the re- 
‘ venue of the United State for his privy purse 
the amounts specified against that Convenanting 
State in the Schedule t 



Provided that the sums specified in the Schedule in 
respect of the Ruler of Travancore shall be payable only to the 
present Ruler and not to his successors, for whom provisions will 
be made subsequently by the Government of India. 

(!i) The said amount is intended to cover all the 
expenses of the Ruler including expenses on resi- 
dences and ceremonies and shall neither be 
increased nor reduced for any reason whatsoever. 

(3) The United Stale shall pay the said amount to the 
Ruler in four equal instalments at the beginning of 
each quarter in advance. 

(4) The said amount shall be free of all taxes whether 
imposed by the Government of the United State 
or by the Government of India. 

Arttcle 15. (1) The Ruler of each Covenanting State 
shall be entitled to the full ownership, use and en. 
joyment of all private properties (as distinct from 
Slate properties) belonging to him immediately 
• before the appointed day. ’ 

(2) He shall furnish to the Government of India in the 
Ministry of States before the first day of September 
1949, an inventory of all immovable property, 
securities and cash balances held by him as such 
private property. 

(3) If any dispute arises 'as to whether any item of 
property is the private property of the Ruler or 
State property, it shall be referred to such person 
as the Government of India may nominate in 
consultation with the Euler of Travancore or 
Cochin as the case may be, and the decision of tba 



person shall be final and binding on all parties 
concerned. 


Article 16. The Ruler ’of each Covenanting State, as 
also the members of his family, shall be entitled to all the 
personal privileges, dignities and titles enjoyed by them, whether 
within or outside the territories ol the State, immediately before 
the 15th day of August, 1047. 

Article 17. (1) The succession, accordig to law and cus- 
tom, the gaddt of each Covenanting State and to the 
personal rights, privileges, dignities and titles of 
the Ruler thereof, is hereby guaranteed. 

(2) Every question of disputed succession in regard to 
a Covenanting Slate shall be decided by the Raj 
Prarouuh after referring it to the.' High Coort of 
the United State and in accordance with the 
opinion given by that High Court. 

Article 18. No enquiry shall be made nor any action 
taken by or under the authority of the United State or the 
Government of India, and no proceedings shall lie in any court 
against the Ruler of any covenanting State, whether in his 
personal capacity or otherwise, in respect of anything done or 
omitted to be done by him or under his authority during the 
period of his administration of that Covenanting State. 

- - Articlel9.{\) The Untied State hereby guarantees ci//ter 

^ the continuance in service of the permanent members 
of the public services of either Covenanting State 
on conditions which will not be less advantageous 
than those onwhich they are serving immediately 



before the appointed day or the payment of reason- 
able compensation or retirement on proportionate 
pension. 

(2) The United State further guarantees the continu- 
ance of pensions and leave salaries sanctioned by 
competent authorities in either Covenanting State 
to members of the public services (civd and military) 
of that State, who have retired, or proceeded on 
leave preparatory to retirement, and the compas- 
sionate allowances granted to depepdents of 
deceased members of those services before the 
appointed day. 

Arttcle 20^ Except with the previous sanction of the Raj 
Pramukh, no proceedings, civil or criminal, shall be instituted 
against any person in respect of any act done of pur;pQrting to be 
done in the execution of his duty as a servant of either Covenant, 
ing State before the appointed day. 

Arttcle 21. Notwithstanding anything contained in the 
preceding provisions of this Covenant, the Rulers of Travancore 
and Cochin shall continue to have and exercise their present 
powers of suspension, remission or commutation of death sentences 
in respect of any person who may have been or is hereafter 
sentenced to death for capital offence committed within the terri- 
tories of Travancore or Cochin as the case may be. 

Aritcle 22, Nothing in this Covenant shall be construed 
as preventing the Government of the United State from taking 
over the administration of the whole or any part of any area 
included within a province of India on such terms and conditions 
as may be agreed upon by the Government of the United State 
and the Government of India- 



Zll 


SCHEDULE 


COVENANTING STATES AND PRIVY PURSE AMOUNTS 


TRAVANCORE Rs 18 Lakbs 

COCHIN Rs 2.25,000 


In confirmation of the above Covenant, we append our 
on behalf of ourselves, our heirs and successors 


signaturesi 

Trivandrum, 
27th May 1949. 
Thnppunithura, 
29th May 1949 


Rama Varma 
Maharaja of Travancore 
Rama Varma 
Maharaja of Cochin 


Tht Governmtnt of Indta, hereby concur in the above Covenant 
and guarantee oM its J>revtsionst In confirmation wherep/, Mr» Vapal 
Pangunni Menon, Adviser to the Government of India tn the Ministry 
of Stales, appends hts signature on behalfi and with the authority of the 
Government of India 


V P Menoij 

Ad\iscr to the Government of India, 
Ministrj of States 



PREUMIN^\RY. 


f j < 

The Devaswom Separation Committee was appointed by 
G. O. No, D. 952, dated the 3rd April 1920, the full text of which 
is reproduced as Appendix I* 

The Committee was requested to submit a report on the 
ollowing points*. — 

1. What is the position of the Travancore Government 
in regard to Sirkar Devaswoms ? Is it that of a trustee merely, 
or one involving greater responsibility, seeing that the Devaswom 
Land Revenue was long ago merged in the General Land 
Revenue, beyond any possibility of separation ? Does not this 
complete merger render the State liable to maintain the 
Devaswoms concerned, out of the public exchequer, in an efficient 
condition for all time? 

2. Is it not feasible to separate the administration of 
Sirkar Devaswoms and Ooltupuras from the control of the Land 
Revenue Department, consistently with arrangements to safe* 
guard the efficient management of those institutions and to ensure 
the maintenance of the constitution of the State, especially with 
reference to the ceremonies at the capital ? If it is feasible, which 
is the best means of effecting the separation ? 

3. If the separation may be effected, is the staff suggested 
in Mr. Krishna Aiyengar’s Memorandum, sufficient to administer 
the affairs of the institutions concerned satisfactorily ? Or, is it 
necessary to create any fresh class of officers with better status, 
and to invest any of the superior officers of the new department 
with Magisterial or other pow'ers so far as they are necessary for 
the efficient management cf the institutions ? 



4. What will be the financial effect of the scheme Is 
it feasible to make any saving in the expenditure now incurred on 
the Land Revenue Department consequent on the formation of 
the new Devaswom Department and, if so, to what extent 

5. What IS the specific arrangement that should be made 
for the execution of Maramatn-works in respect of Sirkar Deva- 
swoms and Oottupuras7 Is it feasible to detail any portion of 
the Division Maramath staff for the work ? 

The constitution of the committee was as follows : — 
Official Members. 

1 . Mr- K. Anantanarayana Aiyar, b a. & b l , 

Dewao Peiskar, Kottayam (President), 

2. Mr. R. Krishna Pillai, b a. & b. L., 

Dewan Peishkar, Qoiion. 

S. Mr John Kunen, b a , b. c. e., 

Executive Engineer, Kottayam. 

Non-o/pciol Members. 

1. Mr. P. K. Narayana Pillai, B A. & B. L., 

High Court Vakil, Kottayam. 

2. Mr. J John Nidiri, b A. &B L., 

High Court Vakil, Kottayam^ 
and member, Travancore Legislative Council, 

Secretary, Mr. S. Sanka Aiyar, b. a. & b, l. 

Acting Stationary Magistrate, Paravoor. 

The preliminary meeting of the Committee was convened 
on the 14th Medom 1095, when all the members were present. 
The terms of reference to the Committee were then analytically 
discussed, and it was resolved to frame aj set of questions 



3 


covering the whole ground of the reference Fifty five questions 
were accordingly framed and on 51 of these (appendix II), the 
opinion of leading gentlemen, official and non official, were 
specially invited These questions were aUo sent to tne editors 
of leading newspapers with a \ie\\ to elicit public opinion. 
Eighteen gentlemen, including officials and non officials, uere 
good enough to respond to our request Their names are hereto 
appended * We are rather disappointed in finding that most 
of those members, who spoke on the subject of Devasworns, their 
management and separation, in the Sree Moolam Popular 
Assembly, have not been able to comply with our request, as the 
Committee thought those members would be m a position to help 
them in their work 

The old records in the temple of Sn Padmanabhaswami 
and the Huzur’Central Vernacular Records Office were searched 
and some fragmentary old cadjan documents bearing on the 
questions were obtained* 

In the light of the a\ai]able records the Committee, in 
their meetings held subsequent!} discussed the questions referred 
to them We^are glad that we are in a position to say that we 
all agree in the conclusions arrived at though our colleague 
Mr P. K Narayana Pillai, who agrees with us in the main, has 
taken a difCeieut Mew as regards the question of trust He has 
dealt with thaf* aspect of the question so ably that we think it 
necessary ito append his report to oura 

Our report consists of three parts the first — the report 
proper — the second — st'ilements bearing on the report and the 
third — an'appendix which contains copies ot old records relied on 
jn the report 


* \ ide appendix 2 \ 



4 


The three months’ time allowed to the Comm.ttee for 

ZIZk who are Vakils with extensive practice, could not aff ord 
to spare much time owing to professional engagements. The 
periL fined originally for submission of the report by the 
committee had — 

teport for nearly a month tpards 
the lauer part of this period. The Secretary was deputed for one 
month, with the sanction of Government, to collect information 
teoarding the nature and quantity of revenue and other worlr 
done by the taluk and village staffs in the adjoining District of 
Tinnevelly. 

The Committee held in all ten meetings. 

The staff sanctioned for the work of the Committee 
consisted of a Secretary on Rs- 120, one Head Clerk on Rs. 60. 
one Assistant Clerk on Rs. 40, and a Typist on Rs. 30, with a 
a- and two neons. But the assistant clerk on Rs. 40 was not 
°° -'nted The total expenditure on account of the Committee 

does not include the cost of the stationery supplied. 

Our thanks are due to the several gentlemen who have 

, . J not, to favour us with their views on the questions 
r to“d also to the officers Who kindly supplied us wiUt 
information on the various points referred to them. 


CHAPTER I. 


INTRODUCTORY 

For the purpose of answering the first question referred to 
xis, vis,, the relation of Government towards Sirkar Devaswoms, 
dt may be of help to go back to the origin of Devaswoms in 
general, and to trace the history as to how they came under the 
management of the Sirkar. We do not propose to enter into 
any academic discussion as to the theories regarding the origin of 
the Devaswoms and trace their growth and development at 
-successive periods, as such a course is not quite necessary for the 
purpose in hand, involving as it must an amount of time and 
labour which we are not able to command. At the outset, it has 
to be remarked that there is a paucity of authentic records which 
would help us in finding out the previous history of these insti- 
•tutions. Whatever records we have been able to lay hands on 
are fragmentary. With the data available, we shall deal with 
the subject to the limited extent necessary for this Report. 

2. It is the general belief that most of the temples in the 
State were founded and endowed by the people. This ancient 
land has been a Hindu State throughout unaffected by its 
conquests by neighbouring Sovereigns and foreign 

Pre-Mnnro Period . ~ . , 

invasions. The successive Sovereigns who ruled 
by virtue of conquest or by heredity held these institutions in 
high veneration and fostered and richly endowed them from time 
to time adding to their properties and wealth. (1) Whenever 
there was a new conquest or change of dynasty, we also find that, 


(1) We find several examples of snch endowments in inscriptions. 
Vidt Appendices 3 to 7. 



6 


to commemorate those events, new temples have been built and 
endowed liberally. (2) The construction of a temple and 
endouuig It liberally, apart from the rehgious merit attaching to- 
that pious act according to Hindu notions, was one of the best 
means of perpetuating the name of the conqueror We find 
therefore that, after building and publicly endowing them with 
all solemnities incidental to su~h gifts, these conquerors caused 
inscriptions to be put up on stones and cooper plates which might 
last for ages 

3 In the early period, the Devaawoms founded b> the 
people were under the management of a body of persons called 
Ooralkrs or Karakkaro Thej managed these Devaswoms either 
direct or through their delegates — Samadayams, Manushyams 
&c The Rulers of the State exercised their Sovereign or 
Melkoima authority o\er all these institutions and their 
Sankethams But, in those day*, they seldom interfered in their 
internal management From a religious point of view it was 
considered not desirable to interfere with Devasuam lands 
to their prejudice— such interference being regarded as sinful. 
The then Sovereigns consequently refrained from, in any way» 
imposing tax on lands owned by these Devaswoms, until, m later 
times, the need for more resources being felt these lands also 
were brougnt under light taxation and a Rekshibhogam or 
Kadimai was levied In course of time, Che State had of 
necessity to interfere with the management of these Devaswoms 
in virtue of their position as parens patriae to correct abuses 
and bad eventuallv, in some instances to undertal e the direct 
management The Thirunavav ikulam Devasw^m in the 


(2) PatthivaseV-hatapuram lemole m Vilavankode taluk was founded 
by a Pandyan King NeyyaUiokara Krishnaswami temple and 
Quilon AnandavatUswataro temple appear to have been built and 
endowed by the Travancore Maharajahs Vida appendices 8 to 10 



7 


Chirayinkil Taluk, an Ooranma temple of which Akavoor 
Namburipad was the Samudayam, is an instance in ooint 
Owing to disDUtes and abuses in the temple management it was 
taken over bv the Sirkar in 928 M E , but on the represntation 
•of that Namburioad it was restored to him in 9d8 M E (3) Even 
prior to 928 M F , we see from the relics of old records that the 
State had under its management a large number of Devaswoms 
The Variola of 923 M E defining the duties and responsibilities of 
the Kelvikars* of Thovala ana Agaathiswaram Taluks states 
that it was the duty of those officers to manage the religious 
institutions within their jurisdiction ana to see to the timely 
conduct of Poojas &c. (4) The Neettu of 949 M L aonointing 

a Kanakar for the Taluk of Karthikapallj and the Thiruezhuthu 
of 948 M E , nominating Momgars for the Taluk of Shenkotta 
specifically state that the management of the Devaswoms m 
those Taluiss or Moniams was one of their legitimate functions 
(5) The Thirattus of 967 M E for the Ettumanur Taluk and 
of 95o M E , for the Alengad Taluk makes mention of 29 and 38 
Devaswoms, respectively, as having been under Sirkar manage- 
ment in tnose Taluks (6) In consequence of surrender, escheat 
and conquests, the number of Devaswoms under the management 


(3) Vide Appendix II 

* Id Nanjtnaud which conipri«es the two taluks of Thovala and 
Agastiswaratn the presentday Proverthy is known as Kcl i 
or Pidagay Each Pidagay or Kelvi is divided into two 
halves each called a Pahotby The revenue Olhcer in charge 
of the Kelvi was the Kehikaran, there being separata 
accounts for each Pakuthy 

(41 Vide appendix 12 

(5) Vide api«cdice5 13 &.14 

(6) Vide appendices la A. 16 




8 


of the Sirkar gradually increased. Thus it is seen from the 
consolidated Thirattus of 983 and 984, preserved in the 
Trivandrum Central Vernacular Records, that the State was 
then maintaining or contributing to the maintenance of 1569 
Devaswoms out of the general revenues, at a cost of 5,45,337 
paras of paddy and 12,10,373 Fs, (7). 

The observation made by the late Dewan Mr. Seshia 
Sasiri in his administration report for 1048 and 1949 that the State 
had no concern with the management of temples before the year 
987 M. E. IS, therefore, not quite accurate and is misleading. 

4. When Col. Munro accepted the Dewansbip of 
Travancore "in 986 M. E., he found the Devassvoms on whose 
behalf the Sirkar bad been spending a large sum, as isolated 
units, which bad no organised form of Government. One stage 

in the then history of the Devaswoms is portrayed 
by Mr. Sankunni Menon in his history of 
Travancore as follo\vs:~-He says, "These Devaswoms became 
possessed of immense wealth and landed properties to which 
latter numerous tenants were attached who established themselves 
as ryots or subjects, so much so that the Devaswom mangers and 
trustees enacted rules and laws for the management of the 
Devaswom properties and began to enforce these laws, 
independent of the king, within the limits of their landed 
properties.'* 

5. Almost every temple of note had, then, a "Synod” of 
the priestly classes or other bodies. Mr. Ramachandra Rao in his 
report on “State Charities and Devaswoms," succinctly gives the 


(7) Vide appetidices 17 & 18. The amounts given are those in the 
ThiraMu of 933. They also include the expenditure for 
theUlsavomand Bhadradeepam in the Mathilakam. The 
amounts given to the Thirattu of 984 are a little less than this. 



9 


circumstances that^led to the annexation of the property of these 
Devaswoms,to the Slate, in para 2 of Chapter II of the report. 
He says “The vast" accumulation of property under “the control 
“ of these synods made the latter a powerful political factor in the 
“ c ountry, and old records exist to show that these bodies exercised 
* judiciallfand executive functions which m'ade the Sovereign 
‘ power in the land a mere shadow and a name. The existence 
“ of such powerful bodies in ihc ccuntry lead naturally to the 
springinglup of numerous chieftains possessing varying degrees 
“ of political power and their mutual relationship being governed 
only *byi considerations of their physical power. ‘War was a 
“ normal institution in the land.* This state of things continued 
“ with various and varying fortunes till there appeared on the 
, “ scene Raja Marthanda Varma. Hereally succeeded to a heritage 
*‘as thorny as it was poor. The feeble rule of a series of his 
“ predecessors had fostered the greed of the surrounding chieftains 
** and turbulence of internal malcontents to such an extent that 
“ their kingdom was almost a misnomer and their authority little 
“ better than a mockery. But, Marthanda Varma was one of 
“ those whom the. world produces but at rare intervals. He was 
** bornTto command and conquer. He had the best of schooling — 
“ that of hardship. He had the best of teachers — foes. He was 
** served by one of the ablest of ministers. Sully did not serve 
“ Henry the IV of Rrance more ably and faithfully than Rama 
“ A iyenldid Marthanda Varma. The. Baron de Rossini was the 
“very man to remedy this state of matters, rude, obstinate and 
“haughty, but at the same time resolute, active, indefatigable, 
“ wholly devoted to ht's master's interest. Rama Aiya was 
“ unrelenting, unsparing and often unscrupulous to his master’s 
“enemies; but his self was merged completely in that of his 
“master. He was as fearless in tbe council room as he was in the 
“ battlefield. With such a minister at his right hand and with a 
** strong will, abiding patience and indomitable courage, the Raja 



10 


“ not only won back what his predecessors had lost but subjugated 
“ one after another, the neigbouring chiefs who were a 
source of trouble”. "The above graphic description of the state 
of matters in the country is. I need hardly say, from the pen of 
“the late Maharajah. But. though the Chieftains were 
" subju«ated by Marthanda Varma, the temple Synods continued 
“ to exe"rcise their influence and it need not surprise us if it was 
“found that their power was a menace to public security and 
“ good Government and that it requited to be destroyed or 
“ limited. Influenced by these considerations, and the moral and 
“ intellectual degeneracy of the class of persons who held the 
“ control of the temples and temple property, and helped by the 
“ military occupation of the country. Col. Munro quietly resolved 
“ to assume 340 temples mth their propertes." This measure was 
carried out by an order of the 3rd Kanni 987 M. E., by which 
348 Devaswoms came directly under the complete control and 
management of Government, their properties being taken over 
by the State while their expenses were met from the public 
ex-chequer (8). "The 'assumption of nagoda lands," wrote 

Lieutenants Ward and Conner in 1816 A. D., "appears to have 
been a most judicious measure as reducing the power of 
authorities that must have jarred with those of the State, but 
above all correcting their abuses.” These 348 Devaswoms are 
styled in the Thirattu of 987 and subsequent years as 
Ezhuthitheeruva Devaswoms or temples 

having detailed accounts of expenditure (9). The remaining 
Devaswoms on whose behalf also the State had been spending 
a large amount were Devaswoms under the control and 
managhment of Oorallers or Karakkars. The number of such 


(8) Vide Appendices 19 to 21. 

(9) Vide Appendix 21. 



n 


Devaswoms is stated to be 1123 in the Thirattu of 987 (10). The 
major portion of these institutions also came under the control of 
the Sirkar at or about the same time. As in the case of the 
Ezhuthitheeruva Devaswams their rents and profits were blended 
with the general revenues their expenditure being met from 
the State. 

. 6. After the time of Col. Munro and before'tbe passing 
of the Religious Endowment Act (III of 1079), certain important 
Ooranma Devaswams such as Pattazhi, Thuravur &c., came 
under the control and management of Government, in virtue of 
surrender or on account of mismanagement by the Ooranmakars 
PostMnnroas- o*' Other bodies, under whose management they 
samption. Were. The properties of these Devaswams were 

however, for reasons now unknown to us not treated like those of 
the institutions already assumed by the Sirkar. The revenues 
and receipts from the Institutions thus assumed were kept 
separate from the State Ayacut; and their expenditure was strictly 
confined to their income. In respect of the Kaviyur Devaswam, 
however, which was assumed in the year 1076, the receipts were 
added on to the public exchequer and the expenditure was met 
out of it ; and the institution itself was classed under the category 
of Ezhuthitheeruva Devaswams. 

7. The assumption of Devaswams during the period we 
are discussing was not under any statutory law or Regulation. 
It was apparently carried out in the exercise of the Melkoima 
right possessed by the Sirkar over ail such public institutions. In 
1079, a Regulation (III of 1079) was passed, laying down the 
procedure to be adopted whenever the assumption of a 
Devaswam under the management of hereditary trustees, was 


(10) Vide Appendix 21. 



CHAPTER II. 


With reference to the class of Devaswoms coming under 
the unincorporated groupi the answer to the first 
part of the first question referred to us„ vis., 
whether the state Is a trustee, is simpler and easier 
than in the case of other institutions. Of the 48 institutions 
coming under this class, whose names are given in statement III» 
authentic records are available only in respect of a few. The 
history of one of them, vis, Pattazhi Devasworr/, is appended 
hereto. (101 It has been obviously the Intention of Government 
to keep the properties of these institutions and their income and 
expenditure separate and to administer them in accordance with 
the express or implied wishes of the founder, and as efficiently 
as circumstances would permit, without at the same time 
incurring any pecuniary responsibility. Separate accounts are- 
therefore maintained for the properties of these Devaswoms. 
Their income and expenses are brought under a strict budget 
system. There has been no merger of any property of these 
Devaswoms. Section 13 of the Hindu Religious Endowment 
Regulation III of 1079, which applies to the institutions assumed 
under the provisions of that Regulation, enacts that “The Dewan 
may, with our sanction, withdraw from the management or 
superintendence of any endowment assumed under this Regulation 
and restore the same to the original donors or trustees or their 
representatives; if he is satisfied that such a measure is desirable 
in the interests of the^ institution, subject to such conditions as he 
may deem fit to prescribe at the time of restoration." It is 
observed in XXII T. L. R. p. 54 ar page 57-58 as follows: — 


(10)1 Vide appendix 22 



15 


■“ That the effect of an assumption by Government of the 
“management of a religious endowment under the provisions of 
■“ Regulation III of 1079 is not to convert the property of such 
“ endowment into Government property or rents of such endow- 
“ ment into public revenue of the State is clear from the preamble 
“ to the Regulation which recites that it is expedient to provide 
for the better administration of certain Hindu Religious endow- 
“ ments Section 8 of the Regulation which deals with the 
“ administration of institutions assumed by the Sirkar speaks of 
“ such an act as assumption of the management which it is 
“ provided shall follow the lines on which the Sirkar institutions 
‘ of the same class are managed, subject to tne provisions of any 
t * scheme, canons or usages, if any, established by the founder or 
“ founders. The intention of the Legislature to treat the rents of 
■“ the endowment as distinct from the public revenue is made 
“ clear by the provisions of Section 13 which provides that the 
“Deiran may direct that the rents and other dues of any endow- 
“ ment falling within the provisions of this Regulation (only under 
■* this Regulation) may be collected as arrears of Revenue " In 
these circumstances, we have no hesitation m holding that the 
position of Government with reference to the unincorporated 
Devaswoms is one of a trustee 

We have already observed that most of the institutions 
known as Incorporated Devaswoms were taken over 
Sirkar under the orders of Col Munro 
What is the exact scope and significance of this 
assumption? In order to answer this question satisfactorily, it is 
necessary to know terms on which the assumption took place. 
Mr. Ramachandra Rao states in his Report on Devasvvams that, 
his efforts to procure contemporaneous information on this point 
having proved futilei he had to turn to probabilities and the 
•subsequent conduct of the authorities and apriort considerations 
for an answer. A few important records have since been 



18 


ment whom the Colonel represented, was, for the proper conduct 
and administration of the Devaswoms The Colonel never 
wanted to curtail the Tathivus On the other hand, be strictly 
enjoined that the ceremonies m the temples should be conducted 
in keeping with their dignity. 

Having referred to the orders of Col. Munro, we shall 
proceed to examine whether a merger of the 
Merger Devaswom revenue into the general ayacut has 
been effected. With the records available to us, it 
has not beer found possib'e to prepare a correct list of the whole 
of the properties belonging to any particular Devaswom or the 
income therefrom. Properties belonging to particular Devaswom 
appear to he scattered throughout m various taluks. Before the 
date of Col Munro's assumption, the rents and profits due to parti- 
cular Devaswoms front lands and other sources were collected by 
the Devaswom Adhikars known differently as Manushyams, 
Samudayams &c , and credited to the .iccounis of those Deva- 
swonts. In those days the collections were kept seoarately in the 
Devaswom stores and Bannarams In an order issued by Col. 
Munro on the 14th Makaram 987, the Kariakars were directed 
to collect the rents and profits from all Devaswom properties 
within their jurisdiction, irrespective of the fact whether the 
temple to which the oropecties belonged was situated withm that 
taluk or not (14). All the collections made by the various 
Kariakars were credited by them m the Sirkar accounts and they 
eventually merged in the public er-chequ^r. 

When Dewan Mr Seshia Sastn stated m hts Administra- 
tion Report for 1048 and 1049 and that ’‘the interest of 
Government with regard to the Devaswoms was for the most 
part only that of a trustee and that even were it otherwise this 


(14) Vide Appendix 24 



19 


State would be bound as every other country in the world does 
to maintain a church establishment out o5 the public revenue, 
the Madras Government raised a query whether, in that case, the 
revenue derived from the Devaswom lands could not be shown 
in a separate account in future.** He replied that “ There is no 
objection, of course, if it could be done, but in as much as the 
collections from the Devaswom lands ^are treated like and 
mixed up with the collections from non-Devaswom lands, the 
former could not be shown apart from the latter.” The Dewan 
added “ Moreover, the lands adverted to in para 248 of my 
Report, do not form all the Devaswom lands assumed by the 
Sirkar, for, in several cases, such lands situated in conquered or 
lapsed tributary States went under the head of ‘Sirkar lands’ 
at once, while, the expenditure on account of Devaswoms belong- 
ing to such States continues to be charged to the general revenues 
of the Stale,” It was further stated “There is no doubt to my 
mind that, on the whole, the total expenditure on the Dewaswoms 
is more than covered by the total revenue of Devaswom lands 
assumed whether in 987 M. E. or at a much earlier date.” The 
reply given by the late Dewan Mr. Gopalachari to a represen- 
tation made in the Sri Mulam Popular Assembly is instructive on 
this question of merger. He observes "As regards the income 
from Devaswom properties, these have been incorporated with 
Sirkar funds and are managed by the Revenue Department along 
with other Sirkar properties. It is against the principle of 
incorporation to orgue that tne income of a particular temple 
alone, or the whole of it, should be expended on it.” 

It will thus be seen that there has been a complete merger 
of the rents or other income derived from the Devaswom lands 
in the public revenues of the State. What Dewan Mr. Seshia 
Sastri found to be impossible m 1876 was attempted to be done 
in I9l2 when the data for the compilation of the Devaswom 
revenue must have become more imperfect owing to lapse of time 



20 


and owing to the complications brought about by the last Revenue 
Settlement* In respect of this attempted separation, it is stated 
in the Settlement Final Report “ That a large number of 
Devaswom lands has been recorded in the present Settlement 
as Sirkar, partly because they had been already so treated in 
the revenue accounts and partly through mistake, error or 
misconception.*’ 

With these facts in view, Col. Munro’s measure has to be 
examined from two stand-points, vtx , (J) from the stand-pomt of 
the properties taken over by the State and (2» of the position of 
the Sirkar towards these institutions. 

While, on the first point, what we see is that the income 
derived from the properties so taken over was never 
ra”eou« ear«marked and kept separate from the general State 
revenue but it has been treated as State revenue 
itself. With respect to th“ prooerties themselves, ail the incidents 
attached to Pandaravakai lands appear to have been deemed 
applicable to the properties of the Devaswoms— the latter being 
treated as Sirkar lands ” to all Intents and purposesi” During 
the course of our enquiry, some of us were given to understand 
that, from Devaswom lands also, a fee of 2 p. c as enjoined in 
the Pattern Proclamation of 10-<0, was collected, This will 
certainly go to show that Government intended to treat these 
lands as Sirkar Pattern lands. From the replies received from 
many Tahsildars, we find that the Taluk daily cash accounts 
prior to 1055 have been destroyed in their Taluks. The 
Kalkulam, Cbirayinkil and Meenachil Thasildars have been able^ 
to point out for us frem the accounts that a fee under the 
Pattern Proclamation was levied on some Devaswom lands in 
their Taluks (15). To quote Mr. V. P, Madhava Rao, the late 


(15) Vide AppenJices 25, 26, and 27. 



21 


Dewan. “The ryots holding Devaswom lands have been re- 
cognised as having the same rights and ownership m those lands 
as the ryots holding under Government, these lands are settled 
like other lands and every measure of administrative reform 
introduced from time to time whether affecting the system of 
assessment, commutation rate or the proportion of tax payable in 
bind have been applied as well to Devaswom lands as to other 
lands." The treatment of Devaswom lands like Sirkar lands has 
evidently resulted in giving the holders of Devaswom lands a 
proprietory interest while they had only a lease hold or mort- 
gagee's interest before the assumption by the Sirkar. It is not only 
in respect of lands that the Devaswom revenues w ere given up, 
but in respect of other sources of income and assests also, a 
similar policy appears to have been pursued, making no distinction 
between the State and the Devastvoms. (16). Arrears due on 
Devaswom lands have been written off from time to time exactly 
like those on other Sirkar lands. In the Administration Report 
f 1033 Sit T Madhava Rao, referring to Devaswom lands, says 
-These lands are now treated by the State in a way not different 
from its own and have therefore acquired a value which they 
could never have possessed before.” 

It is significant that, though these Devaswoms were 
originally very large Jenmies bolding Jenmon lands with all the 
incidents appertaining to Jenmon tenure, the Sirkar Devaswom 
lands were exempted from the operation of the Jenmi-Kudiyan 
Regulation, when the State found it necessary to enact a 
law for the adjustment of the Relation between Jenmies and 
Kudiyans. It follows therefore that the^e lands were ,not 
regarded as Jenmom lauds. If they are not Jenmom lands, they 
must be regarded as Sirkar lands, since the lands in the State, on 


(16) Vide ^pper!dlx 28. 



22 


a careful analysis, may be seen to fall under one or other of two 
categories, viz., Sirkar lands and Jenmom lands But, when tho 
questioncame as to whether the Proclamation of 1040 enfran- 
chising the Pattern lands would apply to Sirkar Devaawom lands 
the High Court held, on the construction of the Proclamation, 
that the Sirkar Devaswom lands are outside the purview of the 
said Proclamation. The Intention of Government all the same 
is clear that the incidents of Pandaravagai tenure would apply to 
Sirkar Devaswom lands also. Again, in the matter of collecting 
the dues to Government as well as to Devasvvoms, a distinction 
was attempted to be drawn between the two, the contention 
being that what is claimable on account of Devaswoms was only 
a rent, while what is due to Government was revenue. But the 
Government never kept up any such distinction between the two. 
The observation of Mr. Sadasiva Aiyar In XXII T. L. R, p. 62 
is important in this connection. He says as follows)—*** Unless 
the State mi:tes up the rents of the lands of a temple with the 
general revenues so as to make those rents capable of appropri** 
ation for other general purposes and so as to treat sums realised 
from the other heads of revenue as available for the temple 
expenses, it cannot be said that the rents of the temple lands, 
though collected by the State as manager, form part of the public 
revenue. It may be that in the case of 4 or 5 important temples, 
like Vaikam, Suchindram &c., and in the case of temples taken 
up by Col. Munro as State property, the tent collected might be 
treated as public revenue." The learned Chief Justice had not 
before him, when he made, these observations, the text of Col. 
Munro's orders annexing the Devaswom properties. If he had 
the advantage of having the text of that order, when he wrote 
the judgment, probably, he would have gone a step further and 
declared in unbesistating terms that the income from Sirkar 
Devaswom lands is public revenue. 



23 


The position of the tenants of Sirkar Devaswom lands 
comes up for considenitfon in this connection* There 
■sworn lauds. have Unhappily been different views held regarding 
the exact position of the holders of Sirkar Devaswom 
lands. In para 8 of Chapter II of his Report, Mr. Raraachandra 
Rao says that “Most of the Revenue Officers of Government, 
whom I have consulted on the point appear to share the view 
that Devaswom Pattern and Pandarapattom holdings bear the 
same character and that, in effect, the Royal Proclamation of 1040 
•applies to the former holdings. This opinion is based on a misap- 
prehension due to the similarity of the rules regulating assessment 
of the two sets of property for public revenue and is opposed to 
the rulings of the High Court. In a recent but unreported case* 
the High Court decided that lands held on Palpayasompattom 
tenure under the Sachindram Devaswom were resumable.” 

We have to point out here that the Palpayasompattom 
lands partake more of the character of resumable Service Inam 
lands* and that any decision with respect to them should not be 
■allowed to influence our view in respect of the character of other 
holding of ordinary Devaswom lands by tenants. 

We have already mentioned the fact that Mr* Ramachandra 
Rao deplored the absence of authentic records, and as he says, he 
was obliged to come to conclusions from probabilities and a priori 
considerations. The text of the order of Col. Munro is available 
to us and it is mentioned therein that Devaswom properties should 
be treated in the same manner as Sirkar lands. 

There have been conflicting decisions of the High Court as 
'to whether the Royal Proclamation of 1040, enfranchising Sirkar 
Pattom lands, would apply to Sirkar Devaswom lands as well. 
The earlier view as laid down in VII T. L. R. p. 89 was that the 
Proclamation would apply to such cases — the Sirkar conceding the 
point right through. Later Rnlings as reported in XV T. L- R., 



24 


XVII T. L. R.and VI T. L. J. p. 339 incline to take a different 
view. All these Rulings are of Division Benches. The point 
before the High Court in some of the above esses seems to have 
arisen only incidentally and not as a main issue. In the case 
reported in VI T* L. J*, the Judges say, after reviewing all the 
previous judgments on the subject, that “There is considerable 
“ reason to suppose that the view of Government always was that 
“ such properties were as much within the scope of the Royal 
“ Proclamation as any other Sirkar lands. See the note in the 
“ Travancore Land Revenue Manual Vol. I -page 17. After 
“ considering the cases which have been decided by this Court to 
“ the effect that the Devaswom lands were not within the Pro- 
clamation, it is stated as follows”:- “The decisions noted above 
“ are valuable as containing the judicial pronouncements of the 
” legal question of the applicability of the Pattom Proclamation 
“to the Sirkar Devaswom lands; but, as a matter of fact, the 
Government brought such lands also within the perview of the 
"Proclamation.” “The ryots holding Devaswom lands have 
been recognised as full oropnetors having the same rights of 
" ownership in those lands as the ryots holding under Govern- 
“ ment” “It is significant that even in this case this question docs 
" not seem to have been specifically raised at any rate in their 
** (Sirker’s) written statement. It would seem that the theory that 
“ DevasNvom lands under Sirkar management are not subject to 
“ the Royal Proclamation, t”as not at all the view propounded by 
“ Government, but was evolved by the learned Judges who 
“ decided Travancore Sirkar V. Kasi Sivaramakrishna Aiyar.”^ 
With the text of the orders of Col, Munro, in case the question of 
the position of Devaswom tenants should come up again for 
decision, it is doubtful whether the High Court will still adhere 
to the subsequent view taken by them, 

Mr. Ramachandra Rao seems to have been considerably 
swayed by the later decisions of the High Court in coming to the 



25 


conclusion he has arrived at in his Report; and this conclusion 
seems to have weighed very much with the 'late Dewan Sir 
P. Rajagopalachari, at the ‘time of passing the Devaswom Re- 
organisation G. O. No. D.-4905 dated 25th October 1912- No doubt 
in that G. O., he ^ays “Bat when the next settlement is taken up^ 
“ it will be the duty of the Government so to regulate it in regard 
‘‘ to the Devaswom lands that the Devaswoms should get the full 
revenue due to them. The Government will bear in mind that 
*' their position in regard to the Devaswom lands is fundamentally 
different from their position in regard to the Sirkar lands 
But the whole superstructure of this argument does not take into 
account the very orders which ought to form the basis of such » 
structure and no attention seems to have been concentrated upon 
the orders of Col. Monro alluded to above. It is doubtful whether 
the said orders were then available to the High Court or to the 
late Dewan or brought to their attention at all. 

So far as the Governmentare concerned, there has beenpo 
disturbance in the fixity of tenure long enjoyed by the Devaswom 
tenants nor any withholdings of concession from them, making a 
distinction between such tenants and tenants of 3irkar lands. 
What is important in this connection is the consciousness of 
Government in their out-look towards the tenants of Devaswom 
lands; and, on that point, there is a uniformity of policy which 
leaves no room for any doubt. Thus, long standing practice is in 
favour of our view. The act of the unification of Sirkar and 
Devaswom lands by Col. Munro, coupled with the fact of a 
uniform course of like treatment, consciously conceded on the 
one side, and enjoyed and safely relied on by the other, amply 
justifies the position that we lake op. The opinion of Dewan 
Mr. Sankarasubda Aiyar, recorded in his memorandum drawn up 
'before the recent Settlement was introduced, is valuable in this 
connection. He says that, “in whatever way Ibe revenue from 
4he Devaswom lands is apportioned in the accounts between 



24 


XVII T L R and VI T L J» p 339 incline to take a different 
Mew All these Rulings are of Division Benches The point 
before the High Court in some of the above cases seems to have 
ansen only incidentali\ and not as a mam issue In the case 
reported in VI T- L J, the Judges say, after reviewing all the 
previous judgments on the subject, that “There is considerable 
“ reason to suppose that the view of Government always was that 
‘‘ such properties were as much within the scope of the Royal 
“ Proclamation as any other Sirkar lands See the note in the 
“ Travancore Land Revenue Manual Vol I page 17» After 
*' considering the cases which have been decided by this Court to 
" the effect that the Devaswom lands were not within the Pro- 
‘ clamation, it is stated as follows” “The decisions noted above 
** are valuable as containing the judicial pronouncements of the 
“ legal question of the applicability of the Paltom Proclamation 
“ to the Sirkar Devaswom lands, but, as a matter of fact, the 
Government brought such lands also within the pervjew of the 
“Proclamation” “The rvots holding Devaswom lands have 
‘‘been recognised as full proprietors having the same rights of 
“ ownership in those lands as the ryots holding under Govern- 
“ ment ” “It is significant that even in this case this question docs 
“ not seem to have been specifically raised at any rate in their 
‘‘ (Sirket’s) written statement It would seem that the theory that 
“ Devaswom lands under Sirkar management are not subject to 
“ the Royal Proclamation, vas not at all the view propounded by 
“ Government but was evolved by the learned Judges who 
“ decided Travancore Sirkar V Kasi Sivaramakribhna Aiyar.” 
With the text of the orders of Col Munro, in case the question of 
the Dosition of Devaswom tenants snould come up again for 
decision, it is doubtful whether tne High Court will still adhere 
to the subsequent view taken by them 

Mr Ramachandra Rao seems to have been considerably 
swayed by the later decisions of the High Court in coming to the 



25 


conclusion he has arrived at in his Report; and this conclusion 
seems to have weighed very much with the ‘late Dewan Sir 
P. Rajagopalachari, at the time of passing the Devaswom Re- 
organisation G.O. No. D.4905 dated 25th October 1912* No doubt 
in that G. O., he says But when the next settlement is taken up^ 
it will be the duty of the Government so to regulate it in regard 
to the Devaswom lands that the Devaswoms should get the full 
" revenue due to them. The Government will bear in mind that 
“ their position in regard to the Devaswom lands is fundamentally 
** different from their position in regard to the Sirkar lands’' 
But the whole superstructure of this argument does not take into 
account the very orders which ought to form the basis of such a 
structure and no attention seems to have been concentrated upon 
the orders of Col. Munro alluded to above. It is doubtful whether 
tbe said orders were then available to the High Court or to the 
late Dewan or brought to their attention at all. 

So far as the Goveramentare concerned, there has been -no 
disturbance in the fixity of tenure long enjoyed by the Devaswom 
tenants nor any withholdings of concession from them, making a 
distinction between such tenants and tenants of Sirkar lands. 
"What is important in this connection is the consciousness of 
Government in their out*look towards the tenants of Devaswom 
lands; and, on that point, there is a uniformity of policy which 
leaves no room for any doubt. Thus, long standing practice is in 
■favour of our view. The act of the unification of Sirkar and 
Devaswom lands by Col. Munro, coupled with the fact of a 
uniform course of like treatment, consciously conceded on the 
one side, and enjoyed and safely relied on by the other, amply 
justifies the position that we lake up. Tbe opinion of Dewan 
Mr. Sankarasubda Aiyar, recorded in his memorandum drawn up 
4)efore the recent Settlement was introduced, is valuable in this 
connection. He says that, ** in whatever way the revenue from 
Jhe Devaswom lands is apportioned in the accounts between 



26 


Sirkar and Devaswom, the whole is, as a matter of fact, collected 
by the State and credited to the public exchequer, and as the 
transactions involved in the Devaswom tenures are analogous to 
those affecting Sirkar lands, the principles of revision applica- 
ble to the latter would likewise apply to the former*” We would 
therefore urge for the re-consideration of Government how far 
they would be justified -m treating these Devaswom lands 
differently from Sirkar lands at the next settlement. 

Coming to the question of the position of Government 
towards the Devaswoms, the whole thing has to 
Sirk^towardl In! ^6 traced from the very fountain, viz , the 
orders of Col. Munto, In introducing the Hindu 
Religious Endowment Regulation as a Government 
measure, Mr. Nagam Aiyahsaid that “The object of the bill 
is to afford Legislative protection to be numerous (Non*Sirkar) 
H’ndu Religious and Charitable endoxvments in Travancore by 
giving Legislative sanction to the undoubted right which 
Government at present possess for interfering in the affairs of 
these institutions * * * Government is not anxious 

to increase its own already heavy responsibilities by adding to 
them the management of a large number of Religious and 
Charitable endowments in the Slate. The better maragement 
of the institutions is the only object now aimed at," Col. Munro’s 
obect also, as may be clearly seen from the recitals in his order 
dated the 3rd Kanni 987, was the better management of the 
institutions taken over by him. The same sentiment was 
reiterated in the order dated I8th Thulam 987 appointing a 
committee to fix a scsie of expenditure for the Devaswoms 
concerned. It might be seen from these documents that it was 
not the intention of the State then to appropriate the incomes 
from the Devaswoms for the purpose of the State so as to leave 
them without any source of support. The State clearly under- 



27 


took the responsibility for the proper and efficient apkeep of these 
institutions and it never swered from this policy. But, on the 
other hand, successive Sovereigns have uniformly been giving 
their whole-hearted support to that policy. When the Deva- 
svvomsare taken over by Col. Munro, no reservation was made 
as regards the liability to account or the keeping of the Devaswom 
properties and income separate from the State ayacut. The 
absence of the provision similar to that enacted in sections 13 
and 14 of the Religious Endowment Act is significant. 

There is a body of opinion that, owing to the turbulant 
times and the circumstances in which the assumption took place, 
especially in view of the fact that the trustees then exercised a 
sway indepedent of the Sovereign authority, the measure of 
Col, Munro was an act of State and the assumption of the 
properties tantamount to cofiscation KVidt paras A and 5 
Chapter 1 para 7 supra). But we find it difficult to adopt that 
opinion, nor have we sufficient materials to adopt it. It is a 
well known proposition of law that there could be no ‘act of State* 
between the subject and the Sovereign under normal conditions- 
We are no doubt regarding the Devaswoms in this connection as 
juridical persons under the authority of the Soverign. As for 
confiscation, we have to remark that it implies a penality. To 
quote Mr, A. Govinda Pillai, retired Judge of the High Court, 
“who was good enough to favour the committee with his views 
“on these questions, “it i^ clear from the above that the object 
“of the assumption waste secure the due performance of the 
“ Devaswom ceremonies. It was clearly a case of assumption 
“ of managment, and in no sense a confiscation, which implies 
“appropriation as a penalty, as a suppression of the monasteries 
“ in England in the time of the Tudor Sovereigns, which in the 
words of Hallam poured in an instant such a torrent of wealth 
«*.upon the Crown as had seldom been equalled in any country 
*‘,by the confiscations following a subdued rebellion. Such 



23 


* Assumption of mere management is ’part of the general duty 
” of Government of supervising the managerrtent of wealth 
bequeathed to a public object and revising the rules 
under which it is administered in the interests of the com- 
“ muntty at large. (See Sidgewick on Politics, chapter 28, 
“section 5 p. 561) In the matter of interference with religious 
“ bodies, the traditional habits and sentiments which a commu- 
“nity derives from its previous history are the most important 
“ considerations in determining the proper coarse of action for a 
“statesman (See Sidgewick on Politics, Chapter 28, section 5 p- 
‘*559); and it is clear from the order of assumption that the 
“ statesman who passed it, though a Christian, was guided by this 
“principle." There are only two kinds of confiscation known to 
law, viz., (1) confiscation of enemies’ properties, (also sometimes 
called condemnation when adjudged by Prize Courts) and 
(2) confiscation as penalty for breach of Municipal Law, such as 
high treason &c. There was not then any open rebellion, nor 
was there any necessity for proclaiming martial law. In the 
present instance, there evidently could have been no room to 
treat the Devaswoms as enemy corporations or to penalise ihenr 
for a breach of law. On the other hand, there would have 
been ample justice in any measure confiscating the property of 
individual trustees who were guilty of malversation. But there 
could be no justification in taking over of the properties of the 
institutions of which they were trustees. 

There is a large volume of opinion in support of the 
theory that tbO Government iS the trustee 
Theory of truit pf these institutions. Dewan Seshia Sastrt in 
his Administration Report already referred to 
says that t “ The interest of Government in respect of these 
institutiohs is for the most part only that of a trustee “ and 
the late Mr. Ramachandra Rao remarks that: “This is a 
high authority for inferring that the State, by aasumiuH the 



29 


management of Devaswoms atld their properties, did not acquire 
any independent proprietory rights thereto'*. Mr. Ramachandra 
Rao alsd observes that “ The instinct of the Hindu community, 
"which is decidedly against spoliation of temples and temple 
■properties, also justifies the view that what was assumed by the 
Sirkar was the management of the temples.'* 

Judicial decisions are also quoted in support of this theory. 
'We have had the advantage of perusing the opinion of one of 
our colleagues who reviews a large number of legal pronounce- 
ments on the subject. 

We are however confronted with certain difficulties in 
accepting the trust theory which has been so ably put forward. 
In the first pface, in the Travancore cases quoted, the question 
as to whether the assumption by the Sirkar in Col. Munro*s time 
was a trust or not did not arise directly and was not in issue 
many of the cases. In XV T. L, R. the contention of the 
Sirkar itself was that they were managers. The decision of the 
Court was based on the admission of the Sirkar. The real 
question at issue in that case was as to the applicability of the 
Royal Proclamation (pattom) of 1040. Neither was the point 
-directly in issue in the XVII T. L. R. case. In the later case 
reported in XXII T. L. R*, the observations made by the Judges 
were in connection with the decision on a point of limitation’ 
Secondly, there are many institutions assumed by CoL Munro 
which had no properties. In respect of these institutions, there- 
fore, one main element which goes to constitute a trust, 
viz., trust property, is wanting. (Beyond saying that there are 
many such Devaswoms with no properties attached to them, we 
are no doubt unable to specify exactly their names or number) 
Again, the attitude of Government towards incorporated Deva- 
swoms does not appear “to have been modelled by any 
•consideration of the income detivabTe from them. The only 



30 


thing that seems to have weighed with Government appears to- 
ns to be the welfare of the institutions all along. Had the 
Government been a trustee, it is unreasonable to expect them to 
have embarked upon such a policy losing sight of the incomes 
which the institutions yielded. The differential treatment 
accorded by Government to the unincorporated Devaswoms, by 
keeping their property separate from the State Ayacut and 
limiting their expenditure to their actual income, shows clearly 
how the Government behaves when it acts as a trustee. The 
term of Col. Munro’s order shows that these institutions have 
passed uncondionally to the hands of the Sirkat, their efficient 
upkeep alone having weighed with them. 

From the political and other considerations which weighed 
with Col. Munro in decidingon the assumption of the Devaswoms, 
from the clear and unambiguous orders on the subject, from the 
complete merger of the revenue of the Devaswom lands in the 
Public revenusi from the long coarse of treatment accorded to 
them and from the recognition of the holders of these lands as 
permanent occupants with heritable and transferable right, at 
successive Settlements, we are inclined to hold that the position 
of the State with reference to these Devaswom lands is more 
that of a Sovereign proprietor legally accountable to none for 
their management, than that of a trustee. This, it will be observed, 
is the view held by the Cochin Government with regard to the 
Devaswoms in that State assumed by Col. Munro under similar 
circumstances and almost contemporaneously. (Vtde preample 
to the Cochin Proclamation dated the 29th Makaram 1085 Hth 
February 1910) 

However, it is unnecssary for us to pursue this point 
further, as in any case, whether as a trustee or ' 
otherwise, the Government have undertaken, by 
tMaD«vai»oms. prononneements made from time to 

time,'the tesponsibiiity to maintain these institutions efficiently,. 



31 


Xhnz realising their obligation towards Devaswoms, which the act 
-of incorporation entailed on them Dewan Sir P. Rajagopala- 
chari states, m the Devaswom reorganisation G. O of 1912, 
* Independently of His Highness the Maharaja's undoubted rights, 
•to maintain out of tne revenues of the State, the institutions of the 
Hindu Religion, there is the circumstance, in regard to the 
Devaswoms taken up m 987 m e by Col Munroi that the Sirkar 
^hen, by a solemn act undertook the obligation to maintain them 
in an efficient condition tor all time to come This obligation 
will always be borne in mind bv the Government * 

Even apart from the obligation referred to supra, this 
State in virtue of its constitution as a Hindu State, is bound to 
maintain these institutions We think it will not be out of 
place here to add a word about the sacred character of the 
Thrippadidanam of 92S m c In that year, King Marthanda 
Varma formally made over the whole of his kingdom to his 
tutelary deity Sripadmanabha and assumed its management 
as the vassal of the deity (I7)« This dedication accentuates 
the Hindu character of the State Regarding this act, Justici 
A Govinda Pillai, whom we have already quoted, says that 
It will be impossible to imagine a more formal inaugu 
ration of a State church than this surrender (•sadslssmo) He 

adds that “as Hinduism is the established religion of the 
State it IS bound to mamtam the Devaswoms even apart from 
the assumption of 937 me’ In an earlier paragraph we 
stated that this ancient land has been a Hinou State throughout, 
unaffected bv foreign invasions This Danam was made, it has 
to be borne in mind, by the Sovengn who conquered and 
consolidated the petty States and felt that he had the right to do 
so Closely following the Danam of 925 M E came another 
similar Danam of 941 — of territones which subsequently came 


(17) Vide Appendix 29 




52 


into the possession of the Sovereign {vis., Parur and Alengad}.- 
When these two territories, though conquered, were formally 
reded, their formal Rajas, in so doing, added a clause in the 
document evidencing the cession to the effect that their 
Devaswoms should be managed efficiently, (18). 

flugu* Oi0£!3)^ maaacijie This passage is 

significiant. Any measure therefore lending to diminish the 
importance of these institutions or to curtail the expenditure 
absolutely required for tfie due performance of the ceremonies- 
obtaining 'therein in accordance with past usage would be 
regarded as tending to uproot that Hindu character. 

The systematic inculcation of a particular religion by the 
States is a long-standing practice having its origin in very 
ancient times. This practice obtains not only in India but in 
European countries also. In England there is an establised- 
church maintained at State expense. 

Viewing the matter from another standpoint, viz, the- 
income accunng to the State from the properties of the 
"Devaswoms, we have no hesitation in holding that the State is 
bound to maintain them efficienily. 

The Thirattu of 987 M. E , (19), referred to in another 
connection, gives the income from the Devaswom properties as 
follows'. — 


(18) Vide Appendices 30 to 31. 
|19) Vide Appendix 21. 



33 


?*FH5 

1 -s, 

Ms 

a a. 

0. ' 

1 ^ 

^ 0 2 
£ ® 6 

igfiJ 

'j >■ u - 

' Money 
police- 
1 tion 

Total 

Tax on Paddy Land^ 

mum 

3.11,779 ! 

Rs. 

Rs 

3.11.779 

Tax on Garden Lands 

■ 

•• 

53,092 

53.092 

Total... 

IHI 



3,64,871* 


The above figures cannot be taken as representing the 
actual reyenue on the enjire extent of Devaswom lands. We 
notice from para 5 of the Hukkumn^ma, 4at^ed the 26th Meenam 
^92, laying down the Rules ior the p opduct of the Settlement of 
993 M. E y that the fist pf pevaswpm lands handed over to the 
^;rkar by jhe temple authorities at ^he time of tbp assumption pf 
pevaswoms did not include landf which were received hj 
Pevaswoms from devotees for Ibe performance of Vazhivadns 
and lands which r:ame to the Bevaswoms in the natnre of fines, 
-penalties &c. If is also stated in the same document that San* 
Icetham lands of Devaswoms had not been settled before^ and 
that those lands should also be traced out and brppght unde^ 
taxation in thp Settlement of 993 (20), 

The next document on which reliance could be placed is 
the Thirattu of 997 M. E. (21) which gives the following figures. 


* Besides the Ayacat income from Devasyrom lands, the Thirattn pt 
937 alsogiTfs aqaantity of 70,920 paras of paddy onder Sanchayam, Nads- 
^aravu Ac. and a sum Rs. 43,400 under Kaoikka. 


(20) Vide Appendix 32 

(21) Vide appendix 33. 












Items 

•S 

•SS 

0. 

Converted 
value at 
commuta 
tton rate 

Money 

collec- 

t(00 

Total 

Tax oa Paddy Lands 

Rs. 

15,55,561 

Rs. 

3,06,179 

Bs. 

Rs. 

3,06.179 

Tax oa Garden Lands • 

•• 


43,299 

43,299 

Total .. 




3,49,3781 


A garden settlement having been commenced from the 
year 993 m. e., one would expect to find an increase in the ayacut 
TeyenDs o! 997i espec}ai}y under gsrd&n tax. Bat, what wa find 
is a decrease, to the e’ctent of 24,930 paras of paddy under ‘^ta* 
on paddy lands" and 9,793 Rs. under ’’garden tax". This decline 
in the revenue may be attributed to the complicated rules of the 
Revenue and Settlement Departments, by which, many of the 
Venpattom lands of Devaswams became Pandarapattom. Where 
the rights of a holder of land lapsed to the State on account of 
escheat, Chakudy or Pokudy, the then standing orders directed 
that the lands should be re*assigned as Pandarapattom. Mr. 
Krishna Rao says, in his selections from the records of Travancore 
that, " in 987 if- E., most of the Devaswoms were assumed by and 
placed under the immediate management of the Sirkar, all such 
lands as belonging to the said pagodas being leased out to the 
ryots on the tenure of Sirkar Paitom,'’* 

The next period for which we have information with 
gard to the income from Devaswom lands is that of Dewan 
Mr. Seshia Sastri. He states in hisadministraiion report for 1048 
and 1049 that, ’* out of the Devaswom Jenmi lands alluded to in 












35 


the beginning of this notice, those of 378* pagodas were assumed 
and brought under the direct management of the Sirkar in the 
year 987. They consisted of 62,000 gardens and 5,43,000 paras 
of paddy fields, the former yielding a rental of about Rs. 50,000 
and the latter of Rs. 3,50,000 both making a total of Rs. 4,00,0C0. 
The lands thus assumed, now (10^8) yield a revenue of 4,30.000, 
while the annual expenditure on the 378 pagodas concerned with 
them amounts to Ks, 3,92,000 in 1049.” 

In 987 *M. E., the price put upon a para of paddy by the 
State for commutation purposes was chsi 6 or less (22}. In 1035 
M. E. Che commutation rate was raised by I ch. per para, and the 
calculations made in the administration report of 1048 and 1049 
were at this rate. After 993 M. E., a settlement of garden lands 
was conducted in 1012 M* E. From the figures of Mr. Seshia 
Sastri, we see that even this settlement did not affect the Deva- 
swom revenue for the better, although one would naturally expect 
some increase. 

Coming to the last settlement which began in 1057 and 
ended tn J0S5, we find that the results are worse* The 


* 378 is a mistake. 348 is the correct number. 

During the search (or old records in the Trivandrum Central 
Vernacular Records Office, we came across two cadjan bundles of 993 and 987 
Til. E., one dealing with the details of the puraidotns owned by the Ezhuihi- 
theeruva Devaswoms, and the other, with the ivet lands held by Devaswoms in 
general in tbe seven taluks of Karthikappalli. Karonagappally, Kunnathur, 
Kottarakara, QuHoD) Mavelikara and Tbiruvella alone. Tbe first document 
gives tbe number of puraidoms owned by 30S of the Ezhutbitheeruva Deva* 
swoms as 54,634, and (heir revenue payable to the pandaravagai and tbe 
Devaswoms as Fs. 36,6-t4 Rs. 5,235 and Fs. 4,34,579 Rs 52, 082,respecti\ely. 
Tne second document gives the total extent cf Devaswom wet lands in the 
taluks mentioned as 1,51,578 paras, and their rent as 2,99,360 paras of paddy. 
Two consolidated statements prepared from these records are added as appen* 
dices 34taDd 35. 

(22) Vide appendix 36. 



Sittlfement Final Report ^ives th8 feribjained figures as tUe ayaCiit 
fe'v6riufe 6n Dev^sWorii lands. 


Items 

a . 

n 
>> rt 
^ « 

Id a 

0. 

Cooverttd 
value at 
commuta. 
tioo. rate 

Modek 

collec- 

tion 

Totil 

Tax on paddy lands 

8.58.107 

Rs, 

Rs. 

5,219 

Rs. 

Tax on garden lands 

•• 

f * 

89,357 

• • 

Total 

i 





When the proportion of tax realisable in kind wds fix^d 
in 1062 with a view to secure uniformity in the Several Divisiofts 
of the State and the commutation rale of 6 chs. wii suB- 
sequetly raised to 11 chs. for the collections in kitid, fHe 
Devaswom revenue ought to have norniallysHowh i cohsidefablir 
higher figure. But the revenue on Devaswom lands as ffef the 
Settlement Final Report is seen to be only Rs. 3,29,810-12-14. 
This decline in the ayacut revenue compared with the amounts 
found in the Thirattus of 987 and 997 and the administration 
reports for 1048 and 1049 has materially affected the Devaswoms 
to their prejudice. Owing to the like treatment accorded by 
the State to the Devaswom and Fandaravaga lands, the holders 
of the former class of lands have becbnie their proprietors 
instead of being only th'eif lessees or mortgagees. But for ibis, 
would have been bpen to Government to redeem the mortgages oc 
renew the leases and obtain a much larger income from the 
properties than what they now get as tax. It is linHecssafy to 
state on what imperfect data the settlement figure /of Devaswom 
revenue was arrived at Mr. Ramachandra Rao observes in 
para 13 of Chapter II of his report that "the annual feettleme’fit 
(Thavanamudakkom account) of the year 1060 retufds tHfe 'ekte’nt 
of Devaswom properties in the Agastiswdram Taluk to be 











'equivalent' fd 3§,377 paras d 7/16 feds, in 9,li8 ihadie's' bf plots. 
The present settlemerit figure for t^iis ^aluk is 14,^51 pafaS 
■S Eds; eqdivale'rit to' 1,592 ^cres iS cents consisting of 4,729 
numbdfs. Tiie diffierfeiice between the two figures is a deficit of 
24,000 paras of paddy lands in round numbers**' When the 
•question of separating the Devaswom land revenue from Sirkar 
land revenue was taken up in 1912, a conference of the Peishkars 
was arranged ; and, in that conference, the late Chief Secretary 
Eaa Bahadur Mahadeva Aiyar brought to the notice of 
.<jovernment how wet lands to the extent of 17,000 acres which 
once belonged to tne Sirkar Devaswoms in the Sourthern 
Division had dwindled down to 6,000 acres at the recent settle- 
ment, These facts show that the figure given in the Settlement 
Final Report does not represent the true ayacut revenue on the 
ontire extent of Sirkar Devaswom lands. 

According to the Thirattu of987 M. £., the income from 
Devaswom properties stood at 15,80,491 paras of paddy and 
Rs. 53,092. Taking the market value of paddy as 12 annas per 
para* the total income from Devaswom lands would amount to 
Rs. 12,38,460. The revenue accruing to the states from the 
Sirkar Non-eahulhiiheeruva Devaswoms has not been included 
in the figures above given from the Thirattu of 987. There 
is au icupcessiou that th« tvon-ezhuthitheecuva Devaswoms 
bad no properties of their own at the time of their assumption. 
This impression is not founded on facts. A glance at the 
Ayacut of 10 U M.E., shows that the income which accrued to 
the Stale from the garden lands belonging to the latter 
class of Devaswoms was 41,01 Fs* 23 chs. and 12 cash. 

The two classes of Devaswoms above referred to hdd 
also a large extent of lalnds which were given out to tenants fbr 
the performance of services in those institutions. They were 
called.Virutbi lands and were in the nature of Service Inarfis 



38 


such as Sanku Viruthi Kottu Viruthy(®'®>®f'^**®®™‘*J, 

Kacha Viruthy Kuzhal Viruiby (ASP<3ia)'3«<9w‘J) &c. 

In computing the total income from the Devaswom lands, the 
income derivable from these Service fnams (most of them have 
sjiice been enfranchised) has also to be taken into consideration^ 
Tins may be arrived at by reckoning the value of the services 
and labour performed 

The Devaswoms have also other sources of revenue, such 
as daily offerings received m money and articles, money thrown 
into Vunchis and miscellaneous receipts — sale proceeds of surplus 
nca, old stores and materials, &c. The annual revenue, under 
these sources amounts to roughly Rs. 50,000. The following 
figures, in respect of them, are taken from the budget estimates 
for Devaswoms for the last three years* 


Year 

Receipts. 

1093 

62,724 

1094 

46,700 

1095 

48,700 


It wdl thus be seen that, in their anxiety to give relief 
to the ryots, and, as already referred to, by the complicated 
procedure adopted in the settlements after 987 M. E. Government 
have, wittingly .or aun-wittingly, brought about a substantial 
reduction in the actual extent of Devaswom lands, which, even if 
it had remained as in 987 M.E., would have yielded, according 
to the present rate, a revenue of more than 12 lakhs of rupees- 
We would 'not have thought fit to refer to this aspect of the 
matter but for the fact that, at successive sitting of the Sri 
Moolam Popular Assembly, representations were made touching 
the income and expend’ture of Devaswoms, one side stating that 
the Government are spending on behalf of Devaswoms more than 
what they are entitled to, and the other, that they are appro* 
pnating to themselves a large surplus which these institutions. 



39 


leave annually after meeting their expenditure. In our vie^Y 
there is no justification either for the one charge or the other, 
holding as we do that Government by their act of complete 
merger have clearly undertaken an obligation to maintain the 
Devaswoms efficiently. 

With the records to which we have had access, we place 
"before Government the several aspects from which the matter 
has to be viewed. Oar conclusion is that, by the assumption of 
the Devaswoms in 987 M.E — whether it be regarded as a trust 
or a political act of necessity — the Government are under an 
absolute obligation (that is to say without reference to the income 
from the properties taken over by the State or the existence of 
any property for any particular Devaswom) to maintain the 
Devaswoms in an efficient condition for all time to come from 
the general revenues of the State, keeping steadily in view the 
long continued practices and usages observed in them over since 
their foundation. 

Whatever view may eventually be taken of the position 
of the State with reference to the Devaswoms and their properties, 
■we would recommend that adequate measures should be adopted 
to conserve and safeguard the permanent rights of the holders 
of Devaswom lands enjoyed by them for over a centoary and 
fixity of tenure guaranteed to them. The pronouncement of 
Government contained in para 5 of the Devaswom reorganisation 
<?. O. of 1912 with regard to the treatment of the Devaswom 
lands at the next settlement has created an amount of fear and 
discontent which it is necessary to allay by an assurance of 
Government, that the right of holders of such lands will in no 
•way be whittled down. 



<5HAPTEP. HI- 


DEPARTMENT OF DEVASWOMS AND 
OOTTUPURAS 


,teD=VMWom )an4sverp by the Revenue 

be ordered that the rents a Heads of the Tataks should 

Department, and that the ^-“-/-tLu.h many attempts 

::"::de lu;::::^ 

day thearfang«”'"“"’° , , 

about the feasibility of the 
Before say.ng any R„enue Department, we 

separation „^etber the management of Deva- 

er...er ,„d Oottupuras under the 

nianage™**^* <>* , need of any improvement, and 

Devaswoms Sifkar Stands m neeu ui j 

It IS urged that, under the present 
.fso,m Vhat , he management and supervision 

system, there is much ^ ,„stitutions With regard ^o 

of theDevaswomsandP his Settlement 

,his system Dewan “ „„der direct 

Memorandum of 1885 ,he country, and 

Sirkar managemen Aramboh pass in the 

45 Oottupuras along ^ supervision of 

south to "subject to the control of the Peishkat, 

the respective Thasiiaars 



41 

but owing-to the multifarious duties devolving on these officers, 
t[)e supervision exercised is more nominal than real Theconse- 
^juence is that very gross abuses prevail in the administration 
of the institutions. * . .• * ^ 

If all this-is to be checked and if the institutions are to be restored 
and restricted.to their original object and if the Devaswoms are 
to be properly-managed, they must be placed under close super- 
vision and this can be effectually done only by relieving the 
Tahsildars and Peishkars of this charge and substituting the 
supervision of a good and energetic officer who shall devote bis 
whole time to'visiting and controlling the various institutions and 
auditing the 'expenditure and checking the abuses. The officer 
would requireja well-paid Inspector or Aminadar for each Divisions 
under him. a few clerks and accountants and some peons. The 
local establishments at the various pagodas and Chathroms 
would also probably need to be revised and placed on a proper 
footing. I'All^this would of course cost more money than is now 
spent, but; the additional exoenditure would be repaid many 
times over by the increased economy resulting from the checking 
and prevention of abuses under the stricter management proposed 
to be introduced.” “In a' paper written by me so far back as 
the 6th of- July 1682 on the reform of the revenue establishments 
of this State, I referred to this question of relieving the Revenue 
Officers of the management of the religious and chariiable 
institutions- and placing them under a separate agency." T. Rama 
Rao, the experienced Peishkar of Kottayam, in advocating the 
abolition of the Vitulhy rights said "I take this opportunity to 
bring to the notice of Government that it is highly desirable 
that the supervision of Devaswoms and Oottupuras, whose 


§ The Patbivu and esiabllshment of some ol the impcrlant Devaswoms 
have since been levised and the OoUus have been re.oreaoised and 
belter pay given for Iho employees and menials. 



42 


management involves an expenditure of up«wards of 10 lakhs 
of Rupees at present, should be entrusted with sufficient poweri 
to a Brahmin Officer of high standing and character to secure 
that efficient management.’’ 

Dewan Mr. Rama Rao, who expressed himself in favour of 
appointing a separate agency in his predecessor’s time, made an 
attempt in that direction soon after he became the Dewan- 
He placed the Devaswoms and Oottupuras under four separate 
officers called Kariakars~ one for each Division. This tentative 
arrangement, which unhappily was not conceived iii a liberal 
measure, had to be given up after one year’s trial, it having; 
proved unsucessful, mostly because of the inadequacy of the 
staff provided for the supervision of the very large number oE 
institutions scattered broad cast over the State, In respect of 
this attempted segregation, which simply excluded the super- 
vision of the local Tahsildars, Mr. Ramachandra Rao says: 
“This measure was bound to be a failure and it was 
rejected at the end of the years trial and the old system was 
adhered to” Mr. Ramachandra Rao himself, who travelled 
throughout the whole country and visited every institution 
examining minutely the details of its working, said in 10S3 that, 
” the evils of the present system of taluk management of temples 
and other institutions in the State were powerfully borne on me 
by what I saw and heard in ray tour throughout the State in 
connection with my special duty. I feel very strongly that it is- 
absolutely necessary either to remove the management of 
Charitable institutions from the Tahsildar, or to establish a 
supervising agency unconnected with the Division authorities.” 

At the successive meetings of the Sri Mulam Popular 
Assembly, many Hindu representatives strongly criticised the* 

management of some of these institutions by the 
PaihivM tM Xahsildars, as it at present obtains. But their 

th«ir defecW . ^ 

representation was an over-drawn picture. That 



43 


some of these iRstitutions could be better managed and that 
there are abuses with regard to a few cannot be denied. 'There 
is no doubt that a separate Department, with full time officers* 
will be able to manage better, exercising a more efficient check 
and supervision over the expenditure of such a large sum as 12 
to 14 lakhs — the amounts spent on Devaswoms and Oottupuras* 
It has to be admitted that much of laxity in the administration 
of the internal affairs of the institutions is due not so much to 
the want of supervision as to the inadequacy of the Pathivus 
which were fixed in Munro^s time. The prices of articles for the 
daily poojas fixed a 100 years ago -are found to be so absurdly 
low now, that it is unreasonable to expect a supply of the full 
allotment as per Pathiva- The miserably low pay of the 
subordinates also contributed to this. What lies at the bottom 
of these evils is, therefore, the low prices fixed and the poor pay 
•of the subordinates. The Pathivus of some of the Devaswoms 
have now been revised ; but, the evil that led to the inefficieney 
has not been completely removed* Except for Nichianidanam 
the Pathivus of the revised Major Devaswoms have, unlike 
as in Cochin, been given a fixed money value, without the 
quantities of articles required being specified. In the case of the 
Minor Devaswoms, the entire Pathivus have been fixed in money. 
The result is that the money Pathivu necessitates u curtailment 
of the important ceremonies, owing to higher prices prevaiiwg 
and their fluctuating character. We are no doubt aware that, 
in fixing the Pathivus in articles, there will be practical difficulties 
in making allotments and bringing the whole expenditure under 
a regular budget control. But, this difficulty ought not to deter 
a fixation of Pathivus in articles. A sufficient margin ma> be 
allowed for the fluctuation in prices and the amount rna> be 
revised in the middle of the year when the Government will be 
in a position to know the actual expenditure incurred in ihe 
first half of the year. The procedure followed in Cochin in this 



44 


respect is stated thus in the G. O. issued by that Government 
in 1083. “The pathivus now fixed will however be in force 
^ tentatively for two years at the end of which a special report 
“should be submitted by the Devasvvom Superintendent re- 
* commending any change, if necessary, before the Pathivus 
“ is ordered to continue for a farther period of ten years, 
after which it will again be subjected to a thorough revision. 
There is no necessity to make any distinction as regards 
“the Major and Minor Davaswoms; the Pathivus in all should 
“ be fixed in quantities and not in money and although the 
system may lead to the inconvenience of additional allotments 
“ in case of rise in the prices, the Darbar consider that the money 
“ PatbivD may necessitate curtailing important ceremonies having 
“ regard to the prevailing high prices and also their fluctuating 
“character. The paddy required will be supplied as far as 
^‘possible from grain rents received. In regard to other articles, 
“the budget estimates should be framed every year on rates 
“ obtained in open auction for their supply to be held in the 8th 
“month of the preceding year." Here, in our State, in the 
Southern Division, the contract for paddy required for Deva- 
swoms is given for two terms — the first from Kanni to Kumbhom 
and the second from Mecnom to Chiogom, both months inclusive. 
In the other Divisions, the contract is given for a whole year in 
Karkatakam of the previous year or earlier. Unless Pathivus 
are fixed in quantities, the same difficulty may recur again We 
would therefore recommend in the interest of efficient manage- 
ment that the revised Pathivus should not be taken as fixed for 
ever, but should be subjected to revision periodically with refer- 
ence to the rise or fall in prices of articles We expect the 
revision of the Pathivus will be completed in the near future for 
all the remaining Devaswoms and along with it the revision of 
the pay of the Devaswom staff and the menials attached thereto. 
If the Pathivus are fixed in quantities of articles required, the 



45 


Toot coUse will have been removed, when the revision is over.' 
The only other improvement yet to be effected is as regards the 
■supervising staff and the keeping of proper accounts, and checking 
abuses wherever they occur. The organisation of a separate 
•agency will answer that purpose. 

As regards this point, the late Dewan'iVfr. Gopalachari, in 
iis reply to one of the representations in ihe'thirdTsession of the^ 
Sri Muiam Popular Assembly, stated that it' 
was not then possible with the^growing demands 
^otStm^g'Seva? finances of the iState .to constitute a' 

Rl«nae^D”part' Department for the administration of 

Devaswoms which had anpertained'to.die Revenue 
Department from time unmemonal. He added that from tradi- 
tion, prestige and authority, the Revenue Departmenliseemed to* 
be the best fitted to manage the religious and charitable insti- 
tutions. It is true that me supervision, control and management! 
of Devaswoms have been so interwoven and built into the fabric 
of the Revenue Department that, during the past 100 years and 
more, the structure has attained such a solidity that* any attempt 
at its demolition and the segregation of the one from*thc other 
will be inevitably attended with considerable difficulty, labour 
and cost. But, it cannot certainly be said that such a measure is 
not feasible or impossible of attainment. The question would I'C » 
whether the labour and cost which the separation may ia\ohe 
would be justified Our answer is in the affirmative. j 

During the past 100 years, there have been many. changes 
in the various Departments of political and social Hfe,Tand any-> 
•crystalised form of administration must be felt to be unsuited to 
present day environments. Again, the separation of the Deva- 
swoms from the Revenue Department will meet the legitimate 
aspirations of the Christian and other communities who put 
-forward a claim to share the appointments in the higher grades 



50 


working any difficulties are experienced, slight changes may be 
hiade afterwards. 

. We place the Taluks of Parur, Alengad, Kunnathunad and 
Muvattupuzha under the Aiwaye group. 

The Head quarters of the Devaswom Tahsildars, we have 
taken particular care to fix in centres where there are very im" 
portant institutions and conveniently near, as much as practicablet 
to other similar institutions. 

We append to this report a map • showing the position of 
the temples in each taluk and the nature of our grouping, while 
the statement below gives the names of the several Devaswom 
groups, the taluks comprised in each* the number of Major, Minor 
and Personal Deposit Devaswoms included therein and the 
expenditure for each group as per the actuals of 1094. 


* Under preparation* 



STATEMENT SHOWING THE DEVASWOM GROUPS. THE NO. OF DEVASWOMS INCLUDED 
UNDER EACH & THE EXPENDITURE THEREFOR 


51 



52 



tb«t for PeriOBi} Peposit Devaswoms* 



53 


The status and pay of the officers proposed to be put in 
■charge of the group by Mr. Krishna Aiyengar, ate in our opinion, 
not quite adequate and commensurate with the responsibility 
to be entrusted to them, regard being also had to the fact 
that the head of each group will have to be responsible for an 
expenditure ranging between Rs. 35,000 and 2,00,000, per annum. 
They will have not only to control a large staff of subordinates 
and menials but to command respect of the people at 
large for the efficient conduct of ceremonies. The Taluk 
Tahsildar, who is now supervising these institutions, is an officer 
who is in a 'position to command regard and respect from all the 
people in his taluk, as he has necessarily to come in contact 
with them in the discharge of his multifarious duties. The work 
of the officers we propose to appoint is limited to the supervision 
■of Devaswoms, not in one taluk but in several taluks. We think 
that they should be placed on a par with the Taluk Tahsildar in 
respect of pay and status. 

Mr. Krishna Aiyengar's suggestion to appoint three officers? 
•styled Devaswom Assistant Peishkars with a salary of Rs. 200 
to 250 each, and to place them in charge a number of groups, 
-does not commend itself to us. In our opinion, such officers 
•serve no useful purpose, unless they are given ample powers- 
The delegation of such powers to this intermediate class of 
officers is not desirable. Besides, the intervention of an inter- 
mediate officer between the Tahsildar, who ds the principal 
.executive head in charge of a group and the Head of the 
Department, often retards business and is not very conducive 
to efficiency. 

The subjoined statements give the details and the financial 
effect of the above scheme, in formulating our scheme, we have 
taken into consideration not only the memorandum 
-oftbe schm**!**^* of Mr. Krishna Aiyengar but also the proposals of 
Mr. Ramachandra Rao. 



54 

Devaswom Dewan Peishkar’s Office 

Parttailars Monthly pay Total annua] ixptniUurf 

Mlolmam Maximuts Minimara Maxlmam 

(a) Officers. 

1 Dex’as^om Dewan 


Peishkar 

500 

700 



1 Assistant to do. 

250 

350 



Total of A 

750 

1,050 

9,000 

12,600 

(&) £s/a&fts/imen^ 





1 Sheristadar 

100 

100 



1 Head clerk 

70 

70 



1 Expert in Tantra 





Sastram 

50 

50 



1 Head Accountant 

60 

60 



6 Accountants { (SOk 1 





(40), 1(30), 1(25), 2 (20) 185 

185 



6 Clerks I (50). 1 (40), 1 





(30), 1 (25), 2 (20), 

185 

185 



1 Typist 

40 

40 



1 Mochi 

12 

12 



1 Duffadar 

12 

12 



7 Peons 1 (10), 3(9), 3 (8) 61 

61 



3 Peons to Assistant 1 





(10), 2 (8) 

26 

26 



Total of B 

801 

801 

9,612 

9,612 

(c) Travelling allowance 




T» A. to officers 

150 

150 



T. A. to establishment 

75 

75 



Total of C 

226 

226 

2,700 

2,700 



55 


<d) Contingenctes, 

Office rent 600 

Lighting charges 36 

Anchal charges ^ 300 

Telegram & Postal charges *^0 

Binding charges 36 

Cleaning charges 36 

Purchase & reoair of furniture * 50 

Miscellaneous 50 

Total of D.‘ 1,1^8 


Grand total 22, ‘169 
Devaswom Taksildar’s Office 


Particulars 

Nonihly pay 

Annual Expenditure 


Mtoimom 

Maitimum 

MiDimom Maximum 

(a) Officers. 




J Tahsildar 

150 

200 

1,800 2.^00 

■(6) Estahltshmeni. 




1 Head Clerk 

35 

40 


3 Clerks 1 (25), 2 (201 

65 

65 


2 Accountants 1 (30). 1 (20) 50 

50 


1 Duffadar 

10 

10 


-6 Peons 2 (0) and 3 (b) 

42 

42 


Total of B 

202 

207 

2,424 2,484 


* A portion o! the foraiiure available in Padmanabhapuram may be 
■ordered to be glvea to the Devaswom Dewan Pelsbkar. 



56 


50 

15 


65 


50 

15 


65 


(c) Travelling Allovanee 

T. A. to officers 
T. A. to Kntablishment 

Total of C. 

(d) Contineencies 

Office rent \ 

Lighting charges 
Anchal charges 
Telegram and Postal charges 
Cleaning charges 
Purcharse & repair of furniture * 

Binding charges 
Miscellaneous 

Total of D 
Grand total for I Tahsildar's Office^ 
do. for 10 Tabsildars* Offices 


780 


780 



1 In places where there bib office bnildloKs available for holding the 
new office, thece is no necessity to real oot any. 

t The chair and Uhle ased by the clerks to be detailed to tbs new 
Department maybe given by the Taluks concerned to the new Devaswom 
Tahstidar. 


The pbove ejtsWishmeot b tor a normal Dsvaswora eroop. II is 
likely that some groops. each as SueWndram and Vaikom, may reqnira 
more staff, and that some gtonps, inch as Alwaye, may not reqnlro the wholn 
staff provided. Of course the Dovaswora Felshkar may be aivon freedom to 
adiuit the establishment with reference to the actual volume of work In each 
eroao We have calcnlated the pay of the Devaswom Felshkar and Tahsil. 
Lrs tinly at the lowest grade. This does oot meao that all the officers to bs 
appointed shoold be of the lowest grade Shonld at any time in the neat 
, nay of the afficets and subordinate staff in the Revenue Depart. 

“ , d esei (looe it will the officers and sta3 of the Dewaswom 

rpLtmrr also^s rnuM he mad. entitled to shat, the henehts of .he 
revisioDt 



67 


Total Expenditure On Account of Devaswom Department 

Peishkar’s Office Rs. 22,460 

Ten Tahsildars' OfBccs Rs. 53,900 

Total Rs. 76,360 

From the total expenditare referred to above, viz.f 
Rs 76,360, per annum, the expenditure now incurred on account 
of the pay and allounces of the Devaswom Oottu 
Savjflgs Aminadars and the pay of the clerks doing Deva- 
swom work in Taluks and Divisions may be 
deducted. The savings on account of the above officers and 
clerks amount to Rs. 7,240 as shown below:— 

Monthly. Annually, 

\ Pay of 30 clerks on Rs» 15 each* 
to be surrendered by the taluks 
except Meenachil, Thodupuzha, 



Peermade and Devikulam. 

450 

5,400 

2 

Pay of two clerks on Rs. 26 each, 




to be surrendered by the Divi- 




sions (Quilon and Koltayam) 

40 

480 

3 

Pay of the four Oottu Aminadars 




on Rs. 20 each* 

80 

960 

4 

T. A. to Oottu Aminadars 


400 


Total 


7,240 


Besides the above, we think other retrenchments also could 
be effected by a reduction in the present number of Stationery 
Magistrates and by the amalgamation of the Padmanabhapuram 
and Trivandrum Divi<?ions into one. 

We are of opinion that three of the Stationery Magistrates, 
viz , at Arukutty, Paravur and Kolachel, can be abolished 
pari passu, mth the creation of the new Department. As full 



time Magistrates, they have at present corpparatively very light 
work to do. The Stationary Magistrate's court at Arukutty has 
been in existence for a very long time. In the troubloursold days 
a court was found to be necessary there, as it was a frontier 
station. Then the Magistrate was not only the guardian of the 
publice peace but was the chief executive officer of the Customs, 
Excise and Police. There is now a separate Police Department 
and we have an efficient Preventive staff in the Excise Depart- 
ment. Two Stationary Magistrates’ courts have recently been 
established at Shertallai and Vaikom. From these two taluks a 
few Pakuthies have been made over to the jurisdiction of tne 
Arukutty Magistrate. Now that there are Steam and motor 
launches plying in our back-waters and there is regular Motor 
service between Cochin and Alleppsy through the Vembanad lake, 
we think that the Stationary Magistrate’s court at Arukutty may 
be safely abolished. Originally, the Kolachel Sub-Magistrate 
was also the Port Ofheer and Bunder master. With the creation 
of the Excise Department, hts duties as such ceased. So far as 
Paravur is concerned, there is already a Stationary Magistrate 
for Quilon Taluk. By the train Paravur is only half an hours 
journey from Quilon. The Parur Magistrate’s Court was in exist- 
ence before the QuilonStationary Macistrate’sCourt was created. 
Though conditions have changed and these Magistrate’s placee 
could have been abolished earlier, we believe that they were kept 
on more as affording training ground for Magistrates than for any 
really great measure of relief for criminal work. 

At present, there arc five Revenue Divisions in the State, 
of which Devikulam stands on a different footing and must be 
excluded from our consideration. The number of taluks and the 
volume of work in each of the other four Divisions are unequal. 
Two of us have some experience in this matter, having been in 
charge, for some timCi of.ths smallest and biggest ^divisions. 
When the Devaswoms are removed from the control of the 



59 


Revenue D eparlment, ihecffice woik cf the Dcwon Peishkars 
ivhich now takes away a good portion of their time, as also the 
circuit work for the purpose of supervising ,Devaswoms, must 
■necessarily diminish to some extent, especially so, in the southern 
Division, where the work on account of Devaswoms is com- 
paratively heavier than in the other Divisions. In the 
Trivandrum Division also, some dimmutton of work may be 
expected in consequence of the proposed arrangement. In these 
circumstances, and having regard to the area, population, facilities 
for communication, the distances to be traversed in circuit, and 
various other considerations, it seems to us that both the Padma- 
nabhapuram and Trivandrum Divisions can conveniently be 
amalgamated to form one Revenue Division the two Division 
Assistants of Padmanabhapuram and Trivandrum being allowed 
to continue as at present. We are not unaware that a sentimental 
objection will be raised to this amalgamation on the ground of 
the importance of Padmanabhapuram which was at one time 
the Capital of Travancore. Padmanabhapuram, especially the 
Fort, has become so unhealthy tf late that no permanent 
Dewan Peishkar continues to reside in the Head*quarters for a 
week together. We do not think that there is much force in the 
sentimental objection. In advocating the amalgamation, we 
would urge that Trivandrum should continue to be iK'e Head- 
quarters of the new Division, as being the present capital. The 
new Division to be created may be called the Southern Division 
The farthest point in the new Division, viz , the Cape or the 
Muppandal frontier, will not be more than 5^1 miles from Trivan- 
drum. The good state of the main roads of this Division and the 
existence of a network of feeder roads which are comparatively 
in good condition, afford complete facilities for travelling which 
no olbef” Division in the State enjoys. We would therefore 
strongly recommend to Government the amalgamation of the twa 
Divisions into one, under the name of the Southern Division. 



60 


According to our calculation the savings to Government 
on account of the abolition of the Stationery Magistrates’ court 
mentioned above, and the amalgamation of the Trivandrum and 
Padmanabhapuram Divisions, would come to Ks. 20,940 as 
detailed below: — 

Savings on account of the abolition of three 
Stationery Magistrates* Courts 


Monihly Annually 

Three Stationery Magistrates 


on Rs. 100 each 


300 

3,600 

Their Staff 


273 

3.i76 

Their contingencies @ Rs 

loo each 

Total 

— 

300 

7,176 

Savings on account op the amalgamation 

OF TWO DIVISIONS 

1 Peishkar 


500 

6,000 

1 Sheristadar 


70 

840 

1 Head Clerk 


50 

600 

1 Assistant Clerk (30) 


;0 

360 

1 Do (25) 


25 

300 

2 Do. (*0) 


40 

480 

1 Copyist flO) 


10 

120 

I Mochi 


10 

120 

1 Daffadar 


10 

UO 

3 Peons (8) 


1.4 

288 

4 Peons (7) 


28 

335 

Travelling allowance 


150 

1,800 

Contingency 

Total 

US 

1,500 

12,864 

Grand Total 


20,040 



61 


In calculating the Savings on account of the amalgamation 
of the Padmanabhapuram and Trivandrum Divisions, we have 
provided for a sufficiently large clerical staff for the amalgamated 
southern Division wc., 21 clerks, which is 2 more than the present 
number in the Quilon Division and one more than that of the 
Kottayam Division. The pay of one clerk on Rs. 30 has also 
been reserve to make the pay of the Sheristadar of the combined 
Division equal to Rs, 100, These two additional clerks are in- 
tended for dealing with remission statements, statement of perished 
crops and Kodayar papers, which are a special feature of the 
southern Division. 

If the above savings are deducted, the expenditure on 
account of the proposed scheme comes to Rs» 49,0S0. This ex- 
penditure, we do not think, is loo much for a Department which 
spends annually 12 to H lakhs of rupees. In Cochin, there are 
139 Devaswoms, Major and Minoti Incorporated and Unincor- 
porated, having a Pathivu expenditure of iJ6t75$ Rs. The 
supervision charges on account of the Devaswom Department in 
that State, is Ks. 19,562, according to G. O, No, 1391 of 93, dated 
the 6th August 1909. This amount lorms 11*5X of the entire 
Pathivu expenditure. Here in Travancore, at present, we 
have 996 Devaswoms of all denominations under Sirkar controli 
having an annual Pathivu expenditure of about 12 lakhs of 
Rupees. According to the scheme proposed by us, the entire 
■expenditure on accou.nt of the Devaswom Department comes to 
only 6.26% of the Pathivu amount. This shows that, while, m 
Travancore, the amount spent on Devaswoms is about 7 times 
that expended in Cochin, the charges on account of supervision 
and control come to only about a little more than three limes 
the cost incurred in that neighbouring Slate. 

The questions arises whether, consequent on the separation 
of the Divaswoms from the Revenue Department, retrenchment 



62 


could not be effected in another direction, by clubbing together or 
adjesting the territorial limitt of some of our taluks, and reducing 
their number. No doubt, there is room for such a retrenchment 
being effected. But as it is our idea that the introduction of too 
many radical changes at the same time may bring about compli- 
cations and may not work smoothly, we would for the present 
simply indicate the lines on which such a change may be effected. 
Adopting the motto of Fesiina UnU, we would give for the newly 
formed Devaswom Department time to get itself into complete 
working order. Some time should also elapse before work in 
other Departments adjusts itself under altered conditions. As 
however, the subject of the fusion of taluks is an important one, 
and as we have taken this opportunity to collect statistics bearing 
on the subject from various sources, we consider it necessary to 
devote a separate chapter to it. We accordingly deal with this 
important subject in chapter IV. 

The same supervision and control will be exercised by the 
Devaswom Dewan Peishkar and Devaswom 
po»er« anu Tahsildars over the religious and charitable institu- 
tejpons.b. IIK exercised by Division Peishkars 

and Taluk Tahsildars. So far as disciplinary control over the 
subordinates is concerned, we would invest them with the very 
same powers now possessed by the latter class of officers. The 
Tahsildar of a particulars Devaswom group should draw money 
on contingent bills signed by him from each of the treasuries in 
hi" group” instead of the old system of each Taluk Tahsildar 
drawing money from his own treasury. The intervention of the 
Proverthiear, so far as regards the management of Minor or 
Non-ezhuthitheeruva Devaswoms. may also be done away with, 
the Devaswom Tahsildar dealing direct with the accountant, 
Cbandiram or the Santhikaran (in the cases of Devaswoms were 
there is no separate supervising agency at the sport other than 
those mentioned above) of the institutions concerned. Each 



63 


Tahsildar may also be allowed a permanent advance of Rs. 300 
to meet very urgent and unforeseen calls. So far as the admini- 
•stration of the Perumanam Devaswom is concerned, ihe present 
Karlakar will be under the control of the Devaswom Department 
to the extent necessary for rendering accounts and conduct of the 
■Oochapooja in the temple. 

The elephants attached to Devaswoms are now under the 
care and supervision of the Revenue Tahsildars, the 

Elephaats. 

expenditure on their account, vis, for fodder 
charges, Kavalams, pay of mahouts, treatment etc , being now 
met from the Land Revenue Budget. Since these elephants are 
solely intended to be used for processional purposes in temples, 
the control over them may be transferred to the Devaswom 
Department, the necessary allotment therefor being also sur- 
tendered to it. 

Another point about which we have to make mention in 
this connection is with regard to Nandavanams. 

Kaadavaaams. 

Most of the Nandavanams attached to Davaswoms 
are now suffered to be encrooched upon by private individuals, 
Some Nandavanams have been leased out by the Taluk Tahsildars 
on Kuthakapattom. Many of the Nandavanams are in a neglected 
condition- It is necessary that all Nandavanams belonging to 
Devaswoms should be well planted with flower plants and should 
be attached to the respective Devaswoms concerned. We would 
therefore, in advocating the transfer of the control over them to 
the Devaswom Department, recommend that a special allotment 
be made every year in the Devaswom Budget for their up*keep 
and maintenance* 

The Devaswom Dewan Peishkar may be entrusted with 
the supervision and control of the Japadekshina Department, and 
of the Rattalas performed outside the State, at Sirkar expense. 



64 


such as at Thiruchandar. Rameswaram etc., including the 
management of the charities at Benaries and other places- The 
payment of grants to the Thiruvadnthura, Thirukkanamkud. and 
other Matoms and Salroms which are now charged to h'ad of 
Devaswoms and State Charities may also be transferred to the 
Devaswonv Dcjpcirtmfcnt* 

There is an apprehension that once the supervision of the 
Devaswoms and State chanties is segregated from the Revenue 
Department, the affair of those inst.uit.ons will not get on sat^- 
factorily. We do not share in that apprehension. As the G. O. 
annointing this Committee states, such an apprehension will hold 
eood only as long as it is not m contemplation to create a superior 
Lss of officers of equal status and prestige as Taluk Tehsildars 
to supervise the affairs of those institutions. 

Mr. Ramachandra Rao has, in his report, dealt with the 

imroduction of the popular element in the management of 
introduction his views that the 

Popai.t .ismrat , element should be associated with the 

in the management popuiti I 

oi Devaswoms management of less important or Minor Deva- 
swoms We would even go a step further and say that such 
.ssocia'tion may be freely resorted to in the case of more import- 
ant Devaswoms also But, in this matter, we do not think that 
ny hard and fast rule should be laid down by us. The measure, 
think is one which may be left to the discretion of the 

Devaswom Peishkar whose duty it will be to make proposals to 
G vetnment tor the formation of such Committees or Associa- 
ions according to local conditions and the circumstances of each 

temple* 

The next point we have to deal in this connection is 
whether any of the superior grades of officers in the Devaswom 
Department should be invested with Magisterial powers. Evert 



65 


responsible people, whose opinion is entitled to great weight 

labour under an impression that if the superior 

Magisterial mi , * 

powers not neccs* oiucer on the spot answerable for the conduct of 

sary. , , 

the important ceremonies is not invested with 
magisterial powers, he will not be able to conduct those ceremonies 
as efficiently as* he would if be had such powers. No doubt it 
would be an advantage if the superior < fficer at the spot happens 
also to be a Magistrate* With the generality of mankind the fear 
of punishment is a greater dkterrent which keeps them from 
criminal ways than the actual punishment itself. When a 
Magistrate is so near at band, the low paid subordinates and 
menials, in^whose way a temptation is thrown and to whom 
scope is afforded for pilfering the every day necessities of life- 
ihcluding eatables‘which he bandies, may entertain wholesome 
fear. But we do not think that the investiture of such power is 
a sine^gua^non for tbei^effieient and successful conduct of the 
ceremonies. 


At one time, we had in South Travancore a special 
Magistrate called saoriAtKoi aojaaj'lm)*' charged with the duty of 
trying criminal cases arising in the distribution of water in Various 
irrigation channels of Nanjinad. When the Irrigation Department 
•was reorganised, the control over this special Magistrate was 
taken awayffrom the Dewan Peisbkar and entrusted to an 
Assistant Engineerf who was invested with the powers of a Second 
Class Magistrate,*- It is within the memory of some of us, that 
this arrangement did not work satisfactorily and without friction* 
Subse quently, when the post of this Engineer was abolished and 
•when the work of distribution of water was entrusted to the 
Public Works Department, it was feared that, without Magesterial 
powers, the i distribution work could not 'get on and that the 
deprivation of the said powers from the distributing officer was a 
miistakRi We^now* see that the D* P* W.* is doing the work 



66 


■satisfactorily without the aid of Magisterial powers. If any 
criminal offences connected with distribution of water takes place 
they are tried in the regularly established Magistrates’ courts. 

Similarly again, when the Excise Department w^s newly 
organised, it was thought that the absence of Magisterial pqwer^ 
in Excise Officers, part of whose duty consisted in makjng searches 
and detecting offences against the violation of Excise and 
Customs laws, would be greatly felt. But we see t^^at ^hat 
Department also does its work without Magisterial powers 

We are not therefore in favour of investing the class of 
officers we propose to create, with any Magisterial powers We 
understand that the experimental measure at Vaikom, where the 
Devaswom manager was entrusted with the powers of a Third 
Claes Magistrate, was abandoned as the result of the experience 
gained in actual working. We do not want to clog the Dei^aswom 
Officer with the duty of trying cases sending calendars, and for 
Magisterial purposes being placed under a different superior and 
be answerable to him If, however, the Devaswom Dew an 
Peishkar finds it absolutely necessary in special cases that any of 
his officers should be invested with Magisterial powers, he may 
make a representation to Government and get it done. The 
exceptional course may be necessary, if at all, only in the case of 
a very few Tahsildars, such as those of Suchindram or of Vaikom. 
But even then, we would strongly object to his trying any cases 
connected with his Department, as he must have inevitably as the 
executive head, come in possession of factswhich might, humanly 
speaking, lead to prejudice either Way. The only power that he 
should have in such cases is tb make arrests or grand remands. 

The Uls^voms in certain important tpmples, including the 
Car i(pstiva|s, which are a special feature of the temples pf 
Thqvala, Agastisiyaram pnd Kalkulara, are now condpptcd 



67 


by the Division Peishkar with the assistahce not only of tHfc local 
" ' Tahsildar but also of thh neighbouring TahsildafE 

Co-opemloQ 6f who are all ex>ofncio Magistrates- Of course* large 

other Depart* 

aienis. crowds of people of all denominations gather oft 

’ ' such occasions and proper Poljce Bundavastb 
is generally necessary. It should not be understood that, by the- 
creation of a separate agency for the administration of Deva- 
Swoms, that the Uevenue' and Police Departments are completely 
relieved of their duty in this direction. On the other hand, they 
must be strictly enjoined to co-operate heartily with the Deva- 
swom Department not only In making these functions a success, 
but also in preserving order on those occasions and in tfafc f-iirfe 
that are held as part of those Uhavams 

The next point which we have to deal is with regard to 
the conduct of the ceremonies in the Capital. These ceremonies 
may be brought under one or other of the following 
iii?*cSit*'rao*d classes, vis., (1) the Thirunal, (2) the two Bhadra- 
iwaS’spa*?o^a.* deepams, (3) the two UJsavams, (<t) the sixennial 
ceremony of Murajapam and (6l other sp'^cial 
ceremonies performed under the command of His Highness the 
Maharaja. Most of these ceremonies are connected with the 
Sripadmanabha Swami temple at the Capital which has a 
Government of its own and the Agrasala attached thereto. We 
do not propose any change so far as the duties in that Institution 
now performed by the officers and subordinates of the Revenue 
Department are concerned. In his administration Report of 1048 
and 1049, the late Dewan Mr. Seshia Sastri staled as follows; — 
** The most celebrated and venerated pagoda in the State, vis , 
that of Sripadmanabhaswami, bas a Government of its own un- 
connected with the State, the Sovereign having but half a vote 
among the governing body which consists of -one ‘Hamburi 
Sannyasi; 16 Pofli BrahmiHs^na one itair noplemanj (possessing*’ 



68 


with others a single vote) who constitute the honorary trusteesr 
The revenue of the lands * belonging to this pagoda, amounts to 
Rs, 75,000 and it goes to defray the daily expenses of the insti- 
tution, any surplus being credited to the State treasury and 
deficits, very rare, being made good from it. By virtue of the 
half vote enjoyed by the Sovereign, the whole management and 
supervision of the temple vests in the Sovereign who appoints the 
necessary establishments and arranges for the due performance 
of services.” In these circumstances, we would exclude from our 
consideration any details connected with that temple. The First 
and Second Tahslldar will, as at present, continue to do all the 
duties connected with the Agrasala and the Mathilakam. 


* The Melkangaa^im ‘■od Saaketham TahsUdars posted respectively 
at TriraadfQm aad Padmanabhaporam with an establishment under then 
manage these lands. 



CHAPTER IV. 

CLUBBING TOGETHER OF TALUKS. 


An ovitsider studying for the first time the Revenue 
Administration of TTavancore cannot but be struck by the 
disproportionately large number of taloks and taluk treasuries in 
the State. A study of the past history of Travancore will show 
that these taluks were not formed on any definite basis for 
purposes of administrative facility. Most of them were at one 
time small principalities under petty Chiefs who exercised sway 
as Rajas. One after another, they were subjugated by Raja 
Marthanda Varma of immortal memory and consolidated by that 
Sovereign into the present State which has an area of 7,696’30 sq. 
miles- Including the recently formed taluk of Paibanamihitta 
which was carved out of Chengannur and the two taluks of 
Devikulara and Peermade into which the hilly tracts of the High 
Ranges were divided, we have at present taluks in all. Of 
these, 7 taluks are below 100 sq. miles, the smallest of them being 
53'87 sq. miles in extent; 17 are under 200 sq. miles; 3 are between 
200 and 300 sq. miles; and the rest exceed 500 sq. miles. Thus 
It will be observed that not only is the number large but the areas 
too is quite uneven. 

The attention of Government was drawn to this 
anomolous state of things so long ago as 1057, when, the 
late Dewan Mr. Ramiengar, In his “Memo on Revenue 
Reform,” observed as follows: — ^“This raises the question why 
should Travancore be so minutely subdivided for administrative 
purposes. These small taluks mean a large establishment of 
subordinate petty officials than is necessary for efficient admini- 
stration", and a large establishment of subordinate petty officials 
than is necessary for efficient administration means vexation and 



70 


oppression to the people. There can therefore be no doubt as to- 
the desirability of re-distrlbuting the taluks with a view to redu- 
cing their number, and ibi^ haS, I believe, been often thought of. 
Indeed my attention was called to it shortly after, I assumed 
charge of my office when the question of the Reform of the Police- 
was under consideration m January of last year But while fully 
admitting the importance of moderately enlarging the size of our 
taluks and reducing their number. I confess that, after the most 
anxious consideration I nave given to the subject, I see difficulties 
which preclude the possibility of the reform being carried out 
present. The Revenue system under which the Government dues 
are now received partly m kind and partly in money, the want of 
accurate revenue accounts in the absence of a regular survey and 
settlement; the cbmplicated and often anomolous rules under 
which the land revenue demand is determined and collected, 
due no doubt partly to the intricate and varied nature of the- 
existing land tenures, but chiefly to the short-sighted policy of a. 
past age which considered the interests of the State as opposed 
to those of its subjects ; the onerous and multifarious duties which 
in a Native State the maintenance of her religious and charitable- 
institutions necessarily imposes on her revenue servants, these 
render the work of the Tahsildar and bis subordinates so heavy, 
that T do not think that at present the taluks can be considerably 
enlarged except at the sacrifice of efficiency. The separation of 
the Police has brought the first instalment of relief to the over- 
burdened Revenue executive. Other changes ?n th6 samo 
d’rection namely, a simplification of the Revenue system and 
accounts based on an accurate if not a scientific Survey; a. 
separation of the duties connected with the management ot our 
extensive religious and charitable establishments fr m purely 
revenue and magestenal duties; the relegation of th^ charge of 
Maramath works, except perhaps to a small and unavoidable 
extent to the professional department of Public Works — these 
must precede (n my opinion any attempt at materially reducing. 



71 


the ntiTiber of taluks; and if I have prominently called attention 
to the subject now, it is only to show the importance of the 
aiteasure and necessity of keeping it in view ” 

Again, the Government, in their proceeding dated 6th July 
1882, expressed their regret that the then arrangement did not 
-admit of the number of the taluks being reduced, but stated that 
the question would be kept in view and reconsidered when other 
arrangements which were at that time contemplation rendered 
the measure practicable. 

An attempt was made during the regime of Dewan Mr. V. 
P. Madhava Ran to accomplish this object when he brought in 
the account reforpi. But beyond inviting opinions from the 
"Dewan Peishkars and other officers, nothing tangible was done in 
that direction. The question could have been tackled when 
■completing the Settlement operations But, that opportunity was 
not taken advantage of. Mr. Padmanabha Aiyar observes in his 
Settlement Final Report that, “It will be going too far to say that 
the omission to carry out the original intention in this respect is 
the result of the recognition of the suitability of the present taluks 
and the non-desirabilny of carrying out any rearrangement in 
View of local conditions." 

Now, most of the difficulties which originally proved to be 
■impediments have oq^ ofter another^ been removed. Taxation 
•jn kind has been abolished; the whole State has been brought 
tinder a scientific survey; the settlem^qt operations have been 
closed; the revenue accounts have been simplified and syste- 
matised; ibe Virulhy services have been done away with; the 
:administrauon of the Excise revenue has been placed under a 
^eperate Department and the most important of the Maramath 
tvprks have been relegated to the professional agency of the 
P. W. D. The time is therefore come when the question may be 
seriously considered t’S tp bow far the number of our taluks can 
be conveniently reduced. 



72 


But in reviewing the setilement Fsnal Report, the iate 
Dewan Sir P Rajagooala Chari expressed the opinion that, “ Ir» 
regard to the taluks, however, the Government are by no means 
certain that a substantial reduction of the number will, at any 
fime, become possible. The large mcrease in the land revenue 
which has taken place m recent years and the higher quality of 
work now demanded (and which is certain to be demanded to aa 
increasing extent in the future) will render any substantial increae 
in the average size of a Taluk inexpedient. But, while the total 
number of the Taluks will have practically to remain unchanged. 
His Highness’ Government recognise that a revision of the taluk 
boundaries may, in some case«, be made to the advantage of the 
public and with beneficial results to the administration of the 
Land Revenue Department.” 

It is clear that this opinion was arrived at by Sir 
P. Rajagopala Chari having in view the then state of things 
under which the Tahsildars were burdened with the duties- 
of Magistrates and the supervision of Devaswoms— two important 
items of work, which took away a good portion of their time 
and demanded considerable attention and concentration. But, 
the tendency has been of late to segregate magisterial 
functions from the Tahsildars and appoint Stationary Magi- 
strates by way of relief to them. We see that Stationary 
Magistrates have been appointed in so many as 21 stations? 
and that 6 of them were created after the date of this review. 
Now, the separation of the Devaswom from the control of the 
Tahsild ics is expected soon tohccome a fait accompli. Recently, 
relief in another direction has also been given to them by the 
appointment of Assistant Tahsildars who have been charged with 
the duty of attending to the Land Records Maintenance, survey 


t Quilon. ThiruveUa, Sbemllai. Maodakayam, Karunagapalli 

Mnyattupurha. 



73 


sob-division, transfer of pattas, &c. We ihink, therefore, that, 
in the interests of economy and without sacrificing efficiency, a 
forward step may be taken by amalgamating some of the small 
taluks and reducing their number. But, we do not think that 
we should enlarge our taluks to the size of the British taluks 
which in our opinion, are much too large for a single officer, with 
the establishment now allowed to the taluks in Travancore. 


With a view to see how far any reduction could be made 
in the number of our taluks consistently with efficiency of 
administration under modern conditions, and savings effected by 
such a course, we obtained statistics regarding the revenue work 
done in the similarly circumstanced British Districts of Tinnevelly, 
Madura and Malabar and in the State of Cochin. They are 
appended to this report. 

Let us first take up for comparison the area, the population 
and the land revenue of the several taluks in this State and In the 
Districts noted supra. For ready reference the figures are given 
below in a tabular form. 




Area exclud. 


Land 

Revenue 


TALUK 

,Dg Reserve 
Forests 

Population 


1 Thovala 

57-72 

1 34.503 

1.41,388 


Agastiswaram 

89-21 

1.04,910 

2.65,843 


' Eraniel 

96-38 

i 1,23 553 

84.497 


1 Kalkulam 

1 85-02 

j 76.211 

88,978 


Vilavankode 

' I33-ZI 

88,790 

69.662 


NeyyatttQkara 

1 225-35 

1 1.78,703 

1 1,16,970 

o 

Trivandrum 

, 97-26 

1 1.53,138 

i 70,175 

o 

Nedamaogad 

217-94 

' 88.147 

! 87,261 

2 

Chirayinkil 

146-50 

1.35,877 

, 71,329 


Quilon 

147-41 

1,13.967 

1,09.351 

^ , 

Kottarakara 

1 202-03 

90,366 

56.769 

99,431 


Pathanapuram 

1 425-67 

77.812 


Sbeocotta 

46-68 

38 302 

85,666 


Kuunalhur 

1 171-49 

91,390 

90.433 


KaruDagapatU 

88-99 

1.34,107 

1 39,784 


Kartbigapalli 

74.26 

1,11,570 

1.16,031 





75 


It will be seen from the above statement that, while the 
average area of a taluk in Tinnevelly is 348*42 sq. mlles^ 
exclusive of Zemindars and whole Inam villages, the average 
area of a taluk in Trayancore is only 14370 sq. miles, excluding 
Reserved Forests, that is less than onethird of the area of a 
British taluk. Out of the 34 Taluks in the State, 20 are below 
this average In the Distrmt of Tinneveily, the average revenue 
collection of a Taluk is Rs. 4,09,527. In Travancore, the 
average collection is only 1,03,008, that is about one fourth of 
what Bristish taluk collects. In respect of Malabar and Madura, 
as we have statistics only for two taluks of each District, and as 
the area given for the taluks of Madura is inclusive of Reserved 
Forests, ^7e are unable to institute a proper comparision. But, it 
will be observed that Valluvanad Taluk of British Malabar is bigger 
In extent than our biggest taluk with a correspondingly high 
revenue demand; while, even Calicut, small as it is, is nearly one 
and a half times the size of our average taluk, with a proportion- 
ately large amount of revenue collection. The average area of 
a Cochin Taluk is 195’57 sq. miles, while the average revenue 
demand of a taluk in that State is nearly Rs. 2,43,315 or 
Rs. 1,40,507 more than that of an average Travancore taluk. 

Apart from the area and revenue demand, there are 
other items of work, a comparison of which in the various taluks 
both of our State and the adjoining territories, would be useful 
for gauging the work done by one Tabsildar. Let ns take the 
volume of work done by one Tabsildar. Let us take the volume 
of work turned out under checking of encroachments, transfer of 
pattas, Land Records Maintenance and Survey sub-division. 
The subjoined statement compares the average quantity of work 
done by our Tahsildars under the above heads with that done 
l)y the Tahsildars of Tinnevelly, Malabar, Madura and Cochin:— 



Porambolct Transfer of 
encroachments. pattaa 


}o pasoctstp 
*0^ aStiJAy 


(tsodstp 301 
S5S»0 JO 'Of^ s3ejaAV 


JO 

pasodstp oj^ aSwaav 


{rsodstp joj 
sasTOjo *0^ eSajaav 


CO M M 











77 


It will be seen from the above statement that, while in 
our taluks 184 poromboke encroachment cases are detected 
annually on an average, in the Tinnevelly District, on an average, 
870 cases are found out in one taluk* Out of this number* a 
Tinnevely Tahsildar disposes of in a year, as many as 749. As 
figures have not been furnished by our Tahsildars with regard to 
the correct number of disposals under this head, we are unable to 
institute a proper comparison in that respect. In Malabar and 
Cochin, 117 and 136 cases of encrochment come up for disposal 
in one year. Thrse figures are less than those of ours. In 
Madura, 720 cases come up for disposal for each taluk. The 
figures furnished in respect of Malabar, Madura and Cochin do 
not contain details as to the number actually disposed of in 
a year* 


The next item that claims our attention is transfer of 
pattas. In Bristish Indiat transfer of patta cases are attended to 
not only by Tahsildars but also by Deputy Tahsildars and 
Revenue Inspectors. In Travancore, the work is done solely 
by Tahsildars. While 1,455 cases are disposed of m a year in 
each taluk in Travancore, 4,475 cases are seen to have been 
disposed of in each taluk in Tinnevelly, that is more than three 
times the number disposed of in Travancore- In respect of 
Malabar, we have not got correct figures- The statements 
received from Cochin show that the Tahsildars of that Darbar 
dispose of in a year 1,620 cases are 165 cases more than what a 
Travancore Tahsildar does. The work under this head in the 
District of Madura, as seen from the figures supplied for two 
taluks, is less than what is done in Travancore. 

Under Land Records Maintenance, the work done by our 
Tahsildars is very poor and is considerably less than turned out 
in Tinnevelly and Cochin. It is seen that in the District of Tinne- 
vellyi 'the land records work Is attended to not by the Revenue 



78 


Tahsildars and his Firka Inspectors but a separate agency con- 
sisting of a Land Records Tahsildar for the whole District and 
8 Land Record Inspectors, one for each taluk, with the help 
of the Village Karnams. But the Revenue Tahsildars have 
to check the work of the Revenue Inspectors and Karnams in the 
matter of the inspection of stones. While 5,869 stones (both 
theodolite and field) aie inspected in a year in each Taluk 
in Travancore, 1,42,823 stones are seen to have been inspect- 
ed, in one Taluk in the District of Tinnevelly, In Cochin, 
as many as 4,00,033 scones are found to have verified in a year 
in each taluk. The very large number of stones inspected in 
Tinnevelly and Cochin is due to the fact that the stone registers 
maintained there are always current. In Travancore, by a 
recent order, the work of tnspetion of field stones in survey 
numbers other than porambokes has been suspended for the 
present. Again, while our taluk officers repair or renew in a year 
1,635 stones in each taluk, the Tinnevelly and Cochin Officers 
attended to 2,925 and 1,672 stones, respectively. The statement 
received for the two taluks in the District of Madura does not 
furnish information on this point. 

In respect of survey sub-division also, the work turned out 
by our officers seems to be much less than that done by the 
Tinnevelly and Malabar Officers. In British India this item of 
work also is done by the Land Records Tahsildar and his- 
Inspectors. While 651 sub-divisions are made in a year in each- 
taluk in Travancore, 1,495 and 1,045 sub-diyisions are seen to 
have been made in the Taluks of Tinrevelly and Malabar 
respectively in each year. Cochin makes on an average only 360- 
sub-divisions. 

There is yet another important item in respect of which- 

our Tahsildars have to do a large volume of work. We refer to- 
the assignment of lands on Pudual or Darkhast rules. Under 



79 


this head, the average number of cases that comes up for disposal 
for one Tahsildar in Travancore in 64i, while the number that 
Tequires disposal for one Tabsildar by one Tahsildar in Tinne- 
velly is only 317. On account of the nature of country also, 
Pudual work in Travancore is more difficult than* in Tinnevelly. 
From the statements for Malabar it is seen that there was no work 
Tinder this head for the last official year in the taluk of Valiuva- 
nad, while there was only one case for disposal in the Calicut 
"taluk. In Cochin the cases of assignment of land for each taluk 
come up to 28 on an average. The large area available for 
registry in Travancore and the Puduval policy followed here are 
mainly responsible for this large volume of work. But this item 
•of work is bound to go down in course of time. 

The excuse of our Tabstldar for doing a comparatively 
'Small quantity of work under ihe different revenue heads is that they 
have to attend to original magisterial and Devaswom functions. 
In British India, the Tbasildars have, in addition to the common 
items of work referred to inspection of crops, work connected with 
the collection of Excise revenue. Income-tax work; Minor irrigation 
work and season remissions which our Tahsildars have not to do. 
Under the Settlement Royal Proclamation of 1058, our Govern- 
ment, with a view to encourage and promote agricultural Industry, 
have given up the right of levying enhanced tax consequent on 
•dry lands being turned into wet or vice versa or single crops 
being converted into double crop lands. In the southern 
Division and in the Taluk of Sbencottahi remissions are allowed 
to a limited extent for perished crops; and in exceptional cases, 
for wholesale tharisu in bad reasons. 

Under the disposal system in vogusin Tinnevelly, the number 
of Currents received and disposed of under each head appears to 
be smMl when compared with our taluks, owing to the fact that 
only one number is given to all letters dealing with a particular 



80 


subject. If each letter is given a separate number, the number 
of currents in the taluks of Tinnevelly would also have been 
greater. 

Having regard to the facts explained above, we think 
that the number of our taluks can be reduced, without sacrificing 
efficiency, either by clubbing together such of them as would 
conveniently admit of amalgamation or by adjusting the terri- 
torial limits of a few others 


Before taking up the question of fusion of taluks, it is 
necessary in our opinion that the Pakuthies in the State 
which form the unit of administration for revenue and other 
purposes should be split up into covenient sizes. Our present 
pakuthies are much too large for one Proverthicar and one 
accountant to look after efficiently. When the last survey and 
settlement were organised, It was in contemplation to have a 
smaller unit for the pakuthy. But, owing to some reason or 
other, the old unwieldy Proverthy was split up into two or three 
Pakuthies, without having regard to the actual area coining 
thereunder or the number of pattadars included therein. The 
following statement gives the total number of villages or paku- 
thies in each taluk and the average area of a pakuthy or village 
in the taluks Travancore, Tinnevelly, and Cochin, together with 
the average unmber of pattadars for each village, 


TALUK 


»o. of 
Pakothfes 


Average 
area of a 
pakuthy to 
sq miles 


I Average 
I Bamber of 

pattadars per 
I pakuthy 


Tovala 

Agastiswaratn 

Eraniel 

KaJkulam 

Vilavancode 

Keyyaftinkara 

Trivandrum 

Cbiraytnkil 


II 

15 

25 

11 

15 

18 

25 

31 


5-24 
5-94 
7-41 
7-75 
10 25 
1252 
3-89 
4.73 


852 

1,563 

3.483 

1.613 

1,124 

1,273 

1,023 

1,055 


Cocilin TianeveUy 


81 


TALUK 

No- of 
PidkOthies 

, Average 
area of a 
paLulby in 
sq. milea 

Average - 
aumber of 
pattadars per 
palEQlhy 

Kedamangad 

12 

18-16 


Quilon 

J3 

11-34 

1 2,570 

■ Karuoagapalli 

12 

7-41 

2.897 

Karchigapalli 

18 

4-12 

1 715 

Kunnatbnr 

9 

19.05 1 

3,142 

Kottarakara 

10 

20-20 

3,730 

Patbanapuram 

8 

43-21 

2.470 

Shencotta 

10 

4.68 

1 530 

Mavehkara 

15 

1742 

i 1,755 

CKeiigannar 

12 

6-64 

1.580 

Tiiiru Vella 

15 

9-38 

1.252 

Patbanamthitla 

6 

27.S6 

2.942 

Ambalapuzha 

10 

11.57 

1.530 

Sbertallai 

14 

8.43 

1.572 

Vaikom 

16 

845 

1,418 

Etlnmannur 

9 

11-76 


Kouayara 

10 

17-28 

1,753 

Cbangaoacberry 

14 

9-60 

1.565 

Meeoacbil 

' 6 

23.08 

3,367 

Muvatiupazba 

1 

19-74 

1,869 

Thodapuzba 

1 .5 

35-98 

2.847 

Kuonathuoad 

14 

15-34 

1.940 

Alengad 

! 10 

12*74 

1,952 

Patnr 

i ^ 

7-69 

1,790 

Ambasaniddram 

1 93 

4*25 

325 

Koilpatti 

57 

5-S4 

433 

Nanguaery 

84 

7-70 

59t 

Saokara'akoil 

55 

5-71 

Siivaikuntom 

71 

4-13 

543 

Tbeoka5i 

42 

4-91 1 

529 

Tlnnevelly , , 

103 

2-82 

388 

Thlrucbandur 

74 

4-13 

542 

CochtD Kanayanar 

39 

4-05 


Muknodaparam 

60 

4-06 


Trichur 

TaUpilH 

72 

74 

2-66 

3-36 

available 

Cbittnr 

27 

5*03 


r Travancbre 


li-32 

I.763‘ 

Average *1 Tinnevelly 


• 4-81 ■ 

• 479 . 

LCocbin ■ 

I- 1 :• 

3-59 . 



Figtires are sot availtb!: fcr Milabar and Madura. 




It will be seen from the above statement that, while the 
average area of a Pakuthy in Travancore is 11*32 sq. miles, the 
average area of a village in Tinnevelly is 4 81 sq. miles and in 
Cochin 3 59 sq miles. Our average Pakuthy is, therefore, about 
three times the size of a village in Tinnevely and four times the 
size of a village in Cochin. Taking up the actual area of the 
pakuthies in Travancore, we see that 145 of them are below 6sq. 
miles, 117 above 6 and below 10 sq. miles 93 above 10 and 
below 20 sq. miles and 46 above 20 sq. miles. Anchal pakuthy 
irt the Pathanapuram taluk has an area of 203*54 sq. miles. In 
respect of the number of Pattadars also, we find that, while, in 
Travancore, each pakuthy has an average of 1,763 Pattadars, in 
Tinnevelly each village has only 479 Pattadars. As the 
necessary fiures have not been obtained for the districts of 
Malabar and Madura and for Cochin, we do not find it possible 
to institute a comparison with those places under this head, 

Noticing this anomolous feature of the extent of our 
villages and number of Pattadars, Government observed in their 
review on Settlement Final Report that the splitting up of the 
Pakuthies in the State should be the first thing to be done before 
commencing the next survey and settlement. We understand 
that, as one of the results of a conference held in the Huzur 
under the Presidency of the Dewan, the question of the splitting 
up of pakuthies has been taken up for consideration, and 
proposals have been called for from the Dewan Peishkars and 
the Commissioner of Devikulam. As this latter work should 
naturally precede the reduction of the number of taluks either by 
amalgamation or otherwise, we believe that the splitting up of 
the big pakuthies will be taken up first so that Government may 
be in a position to gauge exactly the amount of relief that will 
have come to the Taluk Tahsildars and village staffs some 
time should also elapse before the arrears of work that have 
accumulated in the taluk and village offices, on account of the 



83 


existing system, get cleared, especially under the new arrangement 
by which Assistant Tahslldars have been appointed. 

In the Padmanabhapuram Division, we think that the 
taluk of Eraniel which has only an area of D6'38 sq miles may be 
split up and added on to the taluks of Agastiswaram, Kalkulam 
and Vilavancode. Between Trivandrum and Nagerciol, there is 
a distance of only 40 miles, which can now be covered by two 
hours’ journey 5 and within that short distance, theie are 6 taluks 
and taluk treasuries with more than an equal number of Munsifl’s 
courts^ The distance between the Head quarters e/ ErameJ and 
Kalkulam taluks is less than four miles. 

In the Qmlon Division, the Cbengannur taluk which has 
been recently sliced off (a large area of undeveloped lands being 
formed into the PathanamthtUa taluk) and which has now only 
an area of 79.75 sq» miles and a land revenue of 55,962 may be 
conveniently clubbed with the adjoining northern taluk of 
Thiruvella which has an area of l40‘82 sq. miles and a revenue 
collection of Rs. 92,584* Even after amalgamation, the revei us 
demand for the combined taluk comes to only less than a lakh 
and a half. The physical features of these taluks and the 
manners and customs obtaining there also admit of this 
fusion. Now between Chengannur and Kottayam which are 
only 20 miles apart, there are the Head quarters of four taluks 
and four Munsiffs' courts. The taluk of Karthikapalli which has 
an area of 74.26 sq. miles can be sliced and added on to the taluks 
of Ambalapuzha, Mavelikara and Karunagapalli. 

In the Kottayam Division, the taluk of Eitumanur which 
has an area of 123*59 sq. miles could be split up and added on 
to Vaikom, .Meenachil and Kottayam. Similarly, the taluk of 
Alengad which has an area of 127.34 sq. miles could, without 
causing any inconvenience, be amalgamated with Parur, the 
smallest of our taluks which has only an area of 53.87 sq miles. 



86 


have therefore to be referred by the Devaswom Department to the 
P. W. D. and vies versa through Gov'erninent. 

With a separate Department for the control of Devaswoms 
such as we propose, under an officer of the status of a Dewan 
Peishkar, we do not consider that the technical staff for restoration 
and maintenance of temples should be amalgamated with the 
P. W. D. or placed under the administrative control of the Chief 
Engineer. We are convinced that the best arrangement will be 
to have a qualified Engineer not below the grade of an Assistant 
Engineer attached to the Devaswom Department. This arrange- 
ment will be sufficient to give the Devaswom Dewan Peishkar 
the professional assistance necessary Such an officer should 
however have considerable aptitude for architectural work and 
sympathy with the styles of temple architecture used on the 
Malabar coast, and should, we consider, be also imbued with piety 
and a sense of the dignity of temple architecture and its great 
influence in conserving and fostering the religious instincts of the 
people. There are several Hindu engineers now on the staff of 
the P. W. D. We feel sure that there need be no difficulty in 
selecting a suitable person. The selected officer should be 
encouraged to study the principles and details of temple construc- 
tion from oomptent indigenous architects and master builders in 
and out of Travancore and should also be given opportunities to 
travel all over India and familiarise himself with temple 
architecture especially from examples \n the neighbouring Districts 
of Malabar, Tinnevelly, Madura, Trichinopoly and Tanjore and 
the Cochin State. 

The work entrusted to such an Engineer-Officer will be the 
periodical repairs necessary for the up-keep of aU the temples in 
the State and the gradual restoration of temples standing in need 
of such restoration* The former work may be estimated at 
Rs. 25,000 per annum and the latter at Rs. 25 lakhs to be 



87 


expended, say, in 10 years, * c . an annual outlay of Rs 2^* lakhs 
on original works and Rs. 25,000 in maintenance* This amount 
of work should not be too much for an officer of the sort we have 
in mind. It has been suggested (Vtde report of conference of 
1908) that the restoration of temples should be taken up m area 
groups as is done for example by the Tank Restoration parties in 
the Madras Presidency, so as to concentrate attention to temples 
in a comparatively small area and then work from group to 
group. That system would have been all right so long as there 
were four Divisions. But we do not consider it necessary or 
advisable under the changed organisation we propose. With 
modern means of travel, the farthest work in Travancore the 
officer may have to visit will not be more than 24 hours journey 
from Head quarters Work in several temples scattered from 
one end of the State to another is now in progress. So the best 
method will be to take up and continue the work on temples now 
in hand and while these are in progress to choose an equal num- 
ber standing most in need of repair or renovation, so that, as the 
works m hand get finished one by one, new works may be added 
on to the list of temples in process of renovation thus enabling 
Government to bestow attention and funds to temples standing 
most in need at the earliest opportunity Working by area- 
groups on the other hand will lead to temples standing in urgent 
need on repairs to wait till that area is taken up 

At every temple where costly restoration work is going on, 
there must be a responsible resident Engineer-subordinate in 
immediate supervision who will have little or no travelling and 


Tbti amoant we put down based on a rough estimate of a provistocal 
character which does not take ioto account the rise lo the ^a^ue 
of materials, timber, chanam. cement, metal ware Ac , not to 
mention the increase in the wages of artisans Id actual 
execution itwiUbe foundthat this amount is quite insdcquati. 



89 


especially the styles current on the Malabar coast by sitting at 
the feet of indigenous architects to \\hom the art has been 
imparted by hereditary lore. He must not be anxious to introduce 
foreign materials or new processes which have been tested 
perhaps only for a few years in temperate climates, but be 
content with materials and processes which have stood the test of 
tropical conditions for centuries. He must rigidly adhere to the 
religious symbolism and decorative ornoment consecrated by 
immemorial usage. 

A Silpa Sastra Parisodhakan should always be attached 
to the Devaswom Department by paying a libaral retainer to 
some competent member of a family hereditarily devoted to 
architecture and a percentage on all designs submitted to him 
for advice. 

In all cases requiring consultation, the Devaswom Dewan 
Peishkar ought to have the right to consult and obtain advice 
from the Chief Engineer, Deputy Chief Engineer or any Exe- 
cutive Engineer he thinks it desirable to consult. He ought also 
be given the freedom to obtain advice from architects outside 
Travancore and to call for con»petitive designs on payment of 
premia. 

We would recommend that the building, restoration 
and maintenance of palaces and Oottupuras also should be 
entrusted to the Devaswom Department under the charge of the 
Devaswom Engineer and all the remarks we have made about 
the temples and temple architrice will generally apply to Palaces 
also. 


, We consider that the Devaswom Engineer must have a 
scale of pay of Rs. 300-25-450 and after a few years at the 
maximum pay he ought to look for promotion -as an Executive 
Engineer in the P. W. D. If the first officer be chosrn with care 



8S 


will not be transferred till that particular temple is finished. 
When it is fihished he will be shifted to another such work. The 
best men iimong the present Aminadars must be selected for this 
sort of work and encouragement held out to them to elicit efficierit 
attention. It is possible under this arrangement to take up the 
restoration of (say 6 or 6) temples sirpultaneously. The Deva- 
swom Engineer will be expecl#*d to tour frequently inspect all 
the restoration work in progress and at the same time collect data 
and information for the designs and estimates for temples to be 
taken up later on. During such tours he will also see that the 
maintenance and periodical repairs of other temples are attended 
to efficiently and in time by the Aminadar in charge of such 
work of whom there will be one for the temples in the area under 
each Devaswom Tahsildar. They, like the resident subordinates 
referred to above, will be under the direct supervision of the 
Devaswom Engineer in matters of discipline and accounts but the 
Devaswom Tahsildars will have good opportunities of watching 
the efficiency and timeliness of their work and write to the 
Devaswom Engineer or speak to him when he is on tour of any 
ihattention that may come to their notice in their more frequent 
inspections df temples iri the area of their jurisdiction. In addi- 
tion to these aminadarri in charge of restoration work and 
inaintenance work, the Devaswom Engineer must have a staff of 
three master cirpenters and three master masons conversant with 
tbe empirical formulas of the Silpa sastra and the design and 
execution of details ornamentation in consonance with each style 
of temple architecture. SucH men should be paid liberally and 
held on the permanent establishment. They may be deputed 
according to necessity to any of the large temple works in progress 
or be attached to the Drawing office of the Devaswom Engineer 
as required. 

As already osberved} the Devaswoni Ehgineer must be 
prepared to learn Indian archilectufe from its elements and 



89 


especially the styles current on the Malabar coast by silting at 
the feet of indigenous architects to whom the art has been 
imparted by hereditary lore. He must not be anxious to introduce 
foreign materials or new processes which have been tested 
perhaps only for a few years m temperate climates, but be 
content with materials and processes which have stood the test of 
tropical conditions for centuries. He must rigidly adhere to the 
religious symbolism and decorative ornoment consecrated by 
immemorial usage. 

A Silpa Sastra Parisodhakan should always be attached 
to the Devaswom Department by paying a libarai retainer to 
some competent member of a family hereditarily devoted to 
architecture and a percentage on all designs submitted to him 
for advice. 

In all cases requiring consultation, the Devaswom Dewan 
Peishkar ought to have the right to consult and obtain advice 
from the Chief Engineer, Deputy Chief Engineer or any Exe- 
cutive Engineer he thinks it desirable to consult. He ought also 
be given the freedom to obtain advice from architects outside 
Travancore and to call for conjpetitive designs on payment of 
premia. 

We would recommend that the building, restoration 
and maintenance of palaces and Oottupuras also should be 
entrusted to the Devaswom Department under the charge of the 
Devaswom Engineer and all the remarks we have made about 
the temples and temple architrice will generally apply to Palaces 
also. 


We consider that the Devaswom Engineer must have a 
scale of pay of Rs. 300-25-450 and after a few years at the 
maximum pay he ought to look for promotion as an Executive 
Engineer in the P. W. D. If the Erst officer be cbosrn with care 



90 


and facilities be given him to acquire knowledge in this special 
line, we have no doubt that by the time he may leave the Deva- 
swom Department he shall have started a tradition that can be 
followed and developed by a younger recruit and that he himself 
will carry into the P. W* D a much needed taste for indigenous 
styles of architecture. 

The schedule given below shotvs the financial aspect of 
the cost of the technical staff which we propose should form part 
of the Devaswom Department. 

Maramath staff for the Devaswom Department. 

Parttculars Monthly Pay Annual expenditure- 

Minwtitni Maxtntitm. Minuuuni- M txintxnt 

(A) Officer & 

THE ESTABLISHMENT. 


1 Engineer 

300 

3,600 

2 Accountants 30-40 

60 

720 

2 Clerks 20-30 

40 

480 

4 Peons 1 (10), 1 (9), 2 (8) 

35 

420 

Total of A. 

435 

5,220 

RESIDEHT SUEOIADtNATES 

FOR TEMPLE SUPERVISION. 


4 Overseers 80-100 

320 

3,840 

A Clerks A (20) 

80 

9a0 

4 Peons 4 (8) 

32 

334 

4 Aminadars 25-40 

100 

1,200 

Total of B. 

532 

6,384 



91 


Particulars Monthly Pay, Annual expenditure, 

hUnimunu Maximum. Muttmtim, Maximum, 

C. Maintenance works 
Staff. 


20 Aminadars 25-40 

600 

6,000 

D. Drawing office staff. 

4 Draftsmen 30-40 

120 

1,440 

Grand total. 

1,587 

19,044 


Of the entire expenditure of Ks. 19»044 pointed out in the 
schedule, Rs* 1?,5’6* could be surrendered by the Revenue 
Department being the cost of the Maramath staff now working 
under that Department. In other words the Maramath staff now 
working under the revenue Department has to be transferred to 
the Devas’vom Department. The only additional cost on 
account of this scheme is Rs. 5, .508 per annum. This we do not 
think is too much for the engineering branch of the new Depart- 
ment which has to handle about 3 lakhs of rupees per annum on 
account of renovation, repairs &c. Even as regards this additonal 
cost of Rs 5, SOS, we would venture to suggest to Government,, 
though probably it may not be quite wirhin the scope of the 
Committee, whether the post of the Huzur Sub-Engineer whose 
work is now for the most part confined to scrutinising the 
estimates sent from the Divisions for work above Rs. 100 and is. 


4 

Overseers oo Rs 80 each 

annal expenditure Rs 

3,840 

4 

Draftsmen on Rs. 30 each 

Do. ' 


1,440 

4 

Cleiks on Rs 15 each 

Do. 


720 

4 

Peons on Rs 7 each 

Do. 


336 

24 

Aminadars on Rs 25 each 

Do. 


7,200 



Total 

Rs 

13 536 



92 


otherwise of a miscellaneous nature, cannot be abolished, and a 
portion of his staff also made over to the Devaswcm Peishkar 
who will, according to our proposal, have a superior olTicer 
under him for checking estimates, preparing designs &c., a kind 
of more valuable and useful work than that now done by the 
Sub-Engineer. 

The effect of the changes we advocate will be to relieve 
the Revenue Officers not only of Dsvaswom work but also of all 
Maramath works other than those connected with Satroms and 
their own office buildings. The Satroms may be handed over to 
the P. W. D. and the office buildings may be looked after exactly 
like the office buildings of other Departments. Thus, Revenue 
Officers will be enabled to devote their full time to their Revenue 
and Magesterial work with obvious advantage to themselves and 
the public. 


In conclusion, we have only to say that, whatever be the 
reform effected» whatever be the rules framed and whatever be 
the expenditure allotted, the success attendant on the manage* 
ment of the Devaswom Department and its administration 
depends solely upon the piety and the disinterested zsal and 
attention which the officers as a whole and the superior officers 
specially bring to bear upon their work. 

16-6-’96. K. KRISHNA IYENGAR, 

]. kurieyan. 


Subject to my separate report. 


]■ JOHN NIDIRY, 
3-2-’21. ' 

P. K. NARAYANA PILLAY, 
l6-6-'96. 

R. KRISHNA PILLAY, 
22-6-’0fi. 

' i 



MINORITY REPORT 


Mr. P. 


BY 

K. NARAYANA PILLAI, B. A., B. L. i 



MINORITY REPORT BY 
MR. P.K. NARAYANA PILLAI, e.a (Sjb.l. 


LlbTOF ABBREVIATIONS 


A. R. 

Administration Report 

R. R. 

Mr« Ramachandra Rao's report on State 

Charities and Devaswoms 

R. M. 

Revenue Manual 

I. A. 

Indian appeals 

I. L. R. 

Indian law report 

Mad. 

Do. Madras series 

Bom. 

Do. Bombay series 

M. W. N. 

Madras Weekly Notes 

T. L. R. 

Travancore Law Reports 

T. L. J. 

Travancore Law Journal 

Thandn Iyer. 

Select XJnreported Decisions published by 

Mr. Thandu Iyer 

W. & C. 

Memoirs of the survey of Travancore and 

Cochin by Ward and Conner 

R. H. I. 

Professor Rengaswami Iyengar’s History of India 

Q. B. 

Queen's Bench 

P. c. 

Privy Council 

F.B. 

Full Bench 



INTRODUCTORY. 


1. While the conclusions formulated by my colleagues on 
some of the questions referred to us, tally with my own, we may 
be seen to have reached such results by following lines entirely 
divergent* There is a fundamental difference between my 
-colleagues and myself in our views with regard to the relation of 
Government to the Sirkar Devaswoms. In my opinion Govern- 
ment is a trustee with respect to these institutions. My colleagues 
seen\ to think otherwise though I am unable to make out the 
exact position assigned to Government in this respect by them. 
According to them, the incorporated Sirkar Devaswoms have no 
properties at present. The properties of these institutions have 
become Pandaravagai properties as a result of the reforms 
introduced by Col, Munro. On the question by what process this 
mutation of proprietorship was brought about, they oppose,, as 
much as I do, the theory of confiscation put forward by somej for 
we are agreed that there was no occasion in Munro’s regime to 
inflict any penalty on the deities causing the forfeiture of their 
properties. My colleagues refer to It as a case of “annexation” 
and a '‘unification of the interests of the Government and the 
Devaswoms.” The result, as the same, is what follows on a 
confiscation since the State is said to have become the owner of 
the properties originally belonging to the Devaswoms. This 
position of my colleagues is in sharp conflict with my view that 
the Devaswom properties are still Devaswom propertiesi 
Ultimately all of us agree in fixing an absolute obligation on the 
State to maintain these institutions in an efficient condition. 
With great respect to my colleagues, 1 feel obliged to part 
company with them in recording our views on the subject under 
discussion* Due regard has not been paid by them to a number 
•of facts prominently relevent to the present enquiry, A turning- 



100 


point in tho history of the Devaswoms having been reached, it is 
essential to make Government realise its position in relation to 
them. The issues involved, are of momentous consequence to a 
very large section of His Highness* subjects and their correct 
solution is indispensable not only to safeguard existing interests 
but also to remove certain current impressions touching the policy 
of Government towards these institutions. No purpose will 
therefore be served by entrenching oneself behind ambiguous or 
indefinite positions. In view of these considerations, I am inclined 
to add a few paragraphs of my own, to render my position clear 
on the terms of reference dealt with hereunder. 

2. To ascertain the position of the State with respect to 
the Sirkar Devaswoms, definite information as to how the con- 
nection bstween the State and these institutions sprang up, would 
have proved highly valuable. That the State was very much 
interested in the Devaswom even before Col, Munro’s time is 
quite cleari It is equally clear that the relation of the State with 
many of these foundations came into existence only long after 
their origin. The rise and history of these institutions down to 
the point of their contact with the Travancore Government will 
serve to throw some light on the exact place which Government 
came to occupy in their constitution. Let us then try to under- 
stand the origin of temples in general. The Vedas do not tell us 
of any idols or idol worship. We begin to get sight of images 
only in the later phases of the Vedic period. (See for example 
the passages from Atbhuta Brhmana and Kousika Sutra, quoted 
by Pandit Pranananthasaraswathiln bis Tagore Law Lecture on 
Hindu Religious Endowments). Then v'e have the rise of 
Jainism and Budbism in India, the former being the older of the 
two. Buddha’s birth is placed about the 6th century 8. C. Side 
by side with the development of Buddhism, Brahminism itself 
got modified, and out of the faith so altered, Siva and Vishnu 
emerged as the principal Hindu Deities ( R. H. I. ) • Images of 



101 


•gods were certainly common in the Maunyan period (B. C. 321 
to 72) and doubtless at a much earlier period {V. A, Smith 
History of Fine Arts). There are references to temples in 
Koutilya’s Artha Sastra. The growth, if not the rise itself, of 
temples and public religious worship is due in no small measure 
to the influence of Buddhism iHellenism in India by Professor 
•Gourang Nath Banerji 1920). Mr. Justice Seshagiri Iyer says 
■** The followers of Buddha pursued a policy which was resented 
by the orthodox. Temples for the worship of Siva and Vishnu 
were established mostly by non-aryans at or about this time to 
circumvent the Buddhistic influence. The second period begins 

with the advent of Sankara He founded Mutts which took 

the place of monasteries The followers of Sankara did not 

find it easy to console the religiously inclined by the doctrines of 

Adwaidic philosophy Three philosophers whogave prominence 

-to the existence of a personal God diverted public attention from 
Sankara's teaching. The Yaishnavaites the Madbvas and the 
Sivaites founded independent Mutts where the Dwaiiic philosophy 
was taught. They had to proceed a step further. They accepted 
■control over the existing temples and encouraged the construction 
of new temples in honour of the particular deity they represented 

^s the supreme Being By this lime, the Puranas had gained a 

bold on the popular mind and the worship of the Avatars of 
Vishnu and of the manifestations of Siva came to be regarded as 
the essential features of religious life among the people. •« Rich 
-endowments were made for the upkeep of the temples (1918 
M. W. N. p. 569). 

3. Accepting the opinion of Mr. Seshagiri Aiyar as 
•correct in the main, what we see is that the same causes, as 
•operated to promote the establishment of temples elsewhere, 
-appear to have been at work In Malabar also. The prevalence 
•of Buddhism in Malabar at an early period of its history is 
undeniable. Its vestiges continue to the present day. The 



102 


Nagercoil temple which was originally a Buddhistic or Jaina 
institution somehow or other got transformed into a Hindu 
temple. (Travancore Aechasological reports Vol. II part II). 
The name Sasta in classical Sankrit denotes Buddha and does 
not refer to any Hindu deity (See Medini Kosha). The existence 
of numerous Sasta temples in this State, especially those set up 
along the eastern border of the State and the admission of Sasta 
into the Hindu pantheon, point to the same conclusion. I do not 
mean to say that every temple now seen in the Stale may be 
traced to a Buddhistic origin. Far from it. Buddhism having 
imparted the necessary impetus, waned and passed away from 
the land. Since its decline, the Hindus themselves have founded 
many temples. We have also considerable evidence as to the 
influence brought to bear on the people of Malabar by the 
Vaishnavites and other sects. A number of temples in Travan- 
corc are even now held in special sanctity by the Vaishnavites. 

4. The early History of South India revels the existence 
of three races, the Cholas, the Cheras (Sanskrit, Ketalas) and the 
Pandyas, falling under the general classification known as the 
Dravidians, The Ariyans found them in a stare of civilisation. 
Of these people the Cholas %vere dominant at first, but by the 
second centuary A. D. the Cheras appear to have come out at 
the top, (Kincaid and Parasnis. history of the Maharata people, 
1918). Malabar, Cochin and Travancore were included in the 
Chera Kingdom. The Chera line of Kings continued to reign at 
any rate till A. D. 1021 when the last of them probably Bbaskara 
Ravi Varma Perumal was defeated by the Chola King Raja 
Raja I and his son and sucessor Rajendra Chola. The Travan- 
core dynasty is believed by some to be an off-shoot of the old 
Chera Royal family. From an early date the sphere of influence 
wielded by the iPerumals of the regular Chera line seems to 
have been confined to the rcagions north of Quilon. The Cheras- 



103 


continued in power with occasional eclipses of their power till 
their defeat by the Cholas. Raja Raja I who over-threw the 
Chera dynasty and his heroic son Rajendra Chola were great 
warriors, who subjugated the whole of Malabar from the Cape, 
over*ran the Maharaia country and pushed their conquests far 
and wide. The glory of the Cholas received a set-back in their 
defeat by Ahavamalla in A. D. 1042. It was again revived 
under Kulatunga I who repeated the Chola victories in Travan- 
core and elsewhere. Decline again set in towards the close of/ 
his reign. During the above ascendency of the Cholas, the 
Pandyas were playing but a subordinate part under the Cholas* 
The Pandiyan chief Parakrama Pandya is believed to have 
been a general under Raja Raja 1. But with the down-fall'of the 
Cholas, the Pandyas began to revive and re-established their 
supremacy over the Tamil country On the break-up of the 
Chera Kingdom a number of small States and Principalities rose 
to importance in Travancore, which were ultimately subjugated 
by King Marthanda Varma (M. E, 904 to 993) and consolidated 
as Travancore as it exists at present* 

5. Before the rise of the Cholas under Raja Raja I, 
Southern India was the scene of rivalry between the Pallavas 
the Cbalukyas and the Rasbtrakulas* The Kings were generally 
Hindus, though they usually tolerated the existence of Budhism 
and Jainism alongside of Hinduism. But this state of affairs did 
not continue throughout. About the 5th centuary A. D*, a move- 
ment began in favour of the worship of Siva and Vishno» ivhich 
was at the same time directed against Buddhism and Jainism. 
Practically the whole of South India was converted to Hinduism 
and numerous stately temples rose for the worship of Hindu 
deities (R. H. 1.) The Chera, Chola and Pandya Kings were 
also Hindus with rare exceptions We have clear proof of their 
religious zeal and enthusiasm in the cause of temple building*. 
Kulasekhara AUvar, a Chera King is a reputed Vaishnava Saint. 



t02 


Nagercoil temple which was originally a Buddhistic or Jaina 
institution somehow or other got transformed into a Hindu 
temple. (Travancore Aechasological reports Vol. 11 part II). 
The name Sasta in classical Sankrit denotes Buddha and does 
not refer to any Hindu deity (See Medini Kosha). Theesistence 
of numerous Sasta temples in this State, especially those set up 
along the eastern border of the State and the admission of Sasta 
into the Hindu pantheon, point to the same conclusion. I do not 
mean to say that every temple now seen in the State may be 
traced to a Buddhistic origin. Far from it. Buddhism having 
imparted the necessary impetus, waned and passed away from 
the land. Since its decline, the Hindus themselves have founded 
many temples. We have also considerable evidence as to the 
influence brought to bear on the people of Malabar by the 
Vaishnavites and other sects. A number of temples in Travan- 
corc are even now heid in special sanctity by the Vaishnavites. 

4. The early History of South India revels the existence 
of three races, the Cholas, the Cheras (Sanskrit, Ketalas) and the 
Pandyas, falling under the general classification known as the 
Dravidians The Ariyans found them in a state of civilisation. 
Of these people the Cholas were dominant at first, but by the 
second centuary A. D. the Cheras appear to have come out at 
the top. (Kincaid and Parasnis. history of the Maharata people, 
1918). Malabar, Cochin and Travancore were included in the 
Chera Kingdom. The Chera line of Kings continued to reign at 
any rate till A. D. 1021 when the last of them probably Bhaskara 
Ravi Varma Perumal was defeated by the Chola King Raja 
Raja I and his son and sucessor Rajendra Chola. The Travan* 
core dynasty is believed by some to be an off«shoot of the old 
Chera Royal family. From an early dale the sphere of influence 
wielded by the iPerumals of the regular Chera line seems to 
have been confined to the reagions north of Quilon. The Cheras- 



103 


continued in power with occasionai eclipses of their power till 
their defeat by the Cholas. Raja Raja I who over-threw the 
Chera dynasty and his heroic son Rajendra Chola were great 
warriors, who subjugated the whole of Malabar from the Cape, 
over-ran the Maharaia country and pushed their conquests far 
and wide. The glory of the Cholas received a set-back in their 
defeat by Ahavamalla in A. D. 1042. It was again revived 
under Kulatunga I who repeated the CboJa victories in Travan- 
core and elsewhere. Decline again set in towards the close of 
his reign. During the above ascendency of the Cholas, the 
Pandyas were playing but a subordinate part under the Cholas* 
The Pandiyan chief Parakrama Pandya is believed to have 
been a general under Raja Raja I. But with the down-fall’of the 
Cholas, the Pandyas began to revive and re-established their 
supremacy over the Tamil country. On the break-up of the 
Chera Kingdom a number of small States and Principalities rose 
to importance in Travancore, which were ultimately subjugated 
by King Marthanda Varma (M. E. 904 to 993) and consolidated 
as Travancore as it exists at present* 

5. Before the rise of the Cholas under Raja Raja I, 
Southern India was the scene of rivalry between the Pallavas 
the Chalukyas and the Rashtrakulas* The Kings were generally 
Hindus, though they usually tolerated the existence of Budhism 
and Jainism alongside of Hinduism. But this state of aHairs did 
not continue throughout. About the 5lh centuary A. D*, a move- 
ment began in favour of the worship of Siva and Vishnui which 
was at the same time directed against Buddhism and J.iinism, 
Practically the whole of South India was converted to Hinduism 
and numerous stalely temples rose for the worship of Hindu 
deities (R* H. 1.) The Chera, Chola and Pandya Kings were 
also Hindus with rare exceptions We have clear proof of their 
religious zeal and enthusiasm in the cause of temple building- 
Kulasekhara Alwar, a Chera King is a reputed Vaishnava Saint, 



104 


The Thnkkakara temple was constructed by a Chera King about 
b03 A. D. Epigraphic evidence shows beyond doubt the great 
interest of the Chera dynasty on behalf of the temples at Vazha- 
pain, Thiruvattuva, Perunnai, Thrikodithanam and other places- 
The Parthivasekharapuram ternpte was built and endowed by a 
Pandyan King Kokkarunandadakkar about A. D S04. Para- 
krama Pandya Deva already referred to, made extensive grants 
to the Goddess at the Cape and the Trivandrum temple. The 
Shencotta inscriptions show the connection of the later Pandyan 
Kings with a number of temples in that taluk. The activities 
of the Cholas in founding temples are well known. The great 
temple at Tanjore was built up by Raja Raja I. During their 
occupation of South Travancore Raji Raj'a and his successors 
appear to have made various grants to the temples at Thiru- 
nanthikara, Suchindram, Agasthiswaram, Cbolapuram etc., and 
the Guhanathaswami temple at the Cape. The former So- 
vereigns of Travancore cannot be said to have fallen behind 
their neighbouring rivals In this respect. The tempjes at 
ThiruvannrtrrrCacrr, Vadasery, ^i'av'a^fc■a/am, Qailon, Th/ruvafcar^ 
Padmanabhapuram and Trivandrum were either built or enriched 
by them. The Kandiyur temple was founded in b23 A. d. and 
rebuilt in I2i7 a. d. (m- e. 393) by Kings of Onatiukarai, The 
founder of the Pattazhi Bhagavathy temple with its endowment 
of 9 villages was the Kottarakara Raja after whose collapse, 
Rama Varma Kulasekhara Perumal of Travancore appears to 
have confirmed the grant of the endowed villages by a fresh grant 
in 394 M. E* (Ward and Conner). I do not multioly further 
instances in this Connection Private fndividuals must have also 
contributed considerably to swell the number of temples and 
Devaswom property in the State. To wind up, we notice 
that Ward and Conner in their survey of the State from to 
1820 A. D. estimate the number of Hindu temples and religious 
places at neariy(^2,{?(K? whtch ahoat 400 temphs had come 
under Sirkar management at that date. 



105 


6. The period of religious fervour manifesting itself in 
the construction of temples may be seen from the foregoing 
paragraph. That its upper limit so far as Travancore is concerned 
may be fixed at any rate in the Furanic period is clear from the 
allusion to the Trivandrum temple in the Varaha Purana.* The 
tide obviously had turned in the time of Ward and Conner, if 
one may trust the account given by them as to the conditions of 
religious institutions in the State. From what was said above, it 
follows further, that of the temples now under Government con- 
trol some were founded by the Sovereigns of Travancore and the 
rest came under their control in various ways which will be 
examined later on. The majority of the institutions that came 
thus under Government from other hands may be seen to have 
been under the management of Oorallers* Karakkars and other 
bodies or of their agents under various names, such as Samudayam, 
Manushyam &C. This was a survival of the old system of village 
Government which prevailed throughout south India at any rate 
from the lOth century A, D, The villages were self*governing 
units subject to the supervision of the Sovereign. Among their 
functions were included the collection of taxes, and the civil and 
criminal administration of each village. Religious and charitable 
endowments were made and received as trusts on behalf of the 
village by the “ great men of the village ” (R, H. I.) All this 
business used to be transacted by executive committees under the 
village assembly. Viewing the village assemblies as a part of 
the machinery of the government of the period, we see that the 
administration of public trust was a function of the Government. 
But the position of such government in that respect was only thdt 
of a trustee. With the growth of the power of the sovereign 
authority the structure of village government gradually crembled 


4 ^aOjocuas ea 

Chapter 150 



lOS 

and disappeared except the branch relating to the manangement 
of trusts. That Department really outlived the system 'which 
gave birth to it. In course of time the antecedents of the village 
representatives passed into oblivion and they came to be 
regarded as private individuals m management of public trusts. 
Ultimately in Travancore, the State removed the last remnants 
of village government by assuming the direct control of a large 
number of religious institutions. The only modification brought 
about by the measure consists m the disappearance of the 
representatives of the village, Government having stepped into 
their place. The position of the worshippers, the denies and 
heir properties continues as it used to be. The old form of 
Government was replaced by administration under the executive 
Government of the present day. That is all. Such being the 
case, it is not difficult to define the position thus assumed by 
Government towards these institutions. 

State ill its relation xvith the Hindu Religious Institutions , 

7. That the various religious institutions under the 
management of Government are not equally related to the state 
is quite clear. They stand on different footings and are related 
to the State in different degrees of assimilation. They range from 
those institutions whereof the incomes are inextricably blended 
with the general revenues of the State, to those the management 
o! which IS run by Government for and on behalf of others. The 
committee is called on to define the position of Government in 
regard to Sirkar Devaswoms only. What is meant by Sirkar 
Devaswoms is not quite clear. J talce ic to mean ail those Deva- 
svvoms, the management of which is vested in the Sirkar by law 
or custom. Such institutions, if any, as are managed by the Sirkar 
on a basis of agency revocable at the instance of other people 
hardly deserve the name of Sirkar Devaswoms and hence they 
are left out of consideration here. Taking Sirkar Devaswoms 



107 


then as meaning such institutions as are administered by 
Government under the authority of law or custom, they may be 
classified under the following main heads, and dealt with one by 
one to promote lucidity of treatment 

8. First then we have the temples founded by the 
Travancore Sovereigns themselves. The Knshnaswami temple 
at Neyyattinkara and the Anandavalliswaram temple at Quilon 
founded and endowed in 932 and 981 M. E respectively, come 
under this class (R. M. Vol. IV pp. 117 and IS8). Temples at 
the Capital other than that of Sri Padmanabha, and those at 
Padmanabbapuram, Tripoappoor, Vadaseri, and other places 
may in all probability be placed in a group with the above* 
Now what is the position of the State with respect to these? 
AU the elements of a public religious trust are here and f am 
clear that the Sirkar occupies the position of a pure trustee. 
It cannot be denied that these institutions have been dedicated 
to public worship by the Sovereigns who founded and endowed 
them. Were any authority needed to support the position, I 
would refer to Kaliana Sundra Aiyar and others Fersws Umamba 
Sabeb and others. (I. L. R. 20 Mad. p. 421). That case related 
to the Fort pagoda or Palace Devasthanams of the Tanjore Raja. 
Shephard J. with whom Davies J. “concurred throughout” 
delivering the judgment of the count observes at page 429 “Some 
attempt was made to show that the late Maha Raja who died 
Jn 1855 was not the trustee of these pagodas, but possessed 
over them nothing more than the Melkoima or sovereign right of 
superintendence. This point is in my opinion sufficiently dealt 
by the subordinate judge in the I7th and following paragraphs 
of his judgment. There is a clear distinction made in the 
documents executed between the public and Fort temples. 
The latter are spoken of by Commissioner Philips in his letter of 
the I3lh June 1857 as “possessions of the Raja, which must 
xnavoidably remain under management by Government officers 



i08 


until the final settlement to Tanjore affairs.” I think the 
subordinate judge is clearly right in holding that the late Raja 
was trustee of these pagodas.” This ruling is referred to in 28 
Mad. p. 197 without dissent. 

9. Next I take up the temples to the management of 
which the Sirkar was succeeded by virtue of conquest* South 
Travancore which had been alternately lost and won by the 
Travancore Kings was ultimately freed from the domination of 
the Naicks of Madura and our Kings permanently secured it before 
904 M. E, That year Prince Marthanda Varma ascended the 
Travancore Throne. In a series of vigorous campaigns he over- 
threw the rulers of Nedumangad, Kottarakara, Quilon, Kayam- 
kulam, Thekkumkoor, Vadakkumkoor and Ambalapuzha and 
gave Travancore Its present shape by welding his conquests 
together. The subdued Rajas had the direct management of 
some temples in addition to their Melkoima rights over the rest 
of the temples situate within their territories. They were dis- 
placed from these, by conquest which at the same time entitled 
the victorious sovereign to step into the place occupied by the 
vanquished. The position is quite clear and admits of no magic. 
Mutation sovereign rights is not attended with any alteration in 
private rates of property But the private rights of the outgoing 
sovereign pass to the incoming sovereign along with the sovereign 
rights of the former. 21 1. L R. p. 133. In other inslanPes a formal 
acl of conftscaUon is necessary to extinguish private tights in 
proporty (Wheaton’s International Law), Hindu Law and usage 
point the same way. In his article on warfare in ancient India 
Mr. P. Jannathaswami says that the kings on occupying the 
enemy’s territory should worship the guardian deities there, and 
take special care that the temples and their properties ip the 
country occupied are not interfered with in any way. (Indian 

ReviewJ915 Nov. number). 

♦ Mr. C. Venkddacharl loimeriy Cblef Justice in TraVancoTe. 



109 


Manu says the same thing. oTiwjo (tueo^a^cQ) asaisoft (gya-uksma. 

^GCojQJ coodjltftani tQjss oJiDlAOdAsocau a^suJaoa ffgyafoliJJ.JJ 

That is to say after conquering the enemy, the king should 
worship the gods and virtuous Brahmins in the conquered terri- 
tory (Manu Smrithi Chapter VII Sloka 201). Accordingly 

we find the ascendency and over-turn of various powers in the 
land had left the Devaswoms untouched. If at all, the 
succeeding sovereigns were only seeking to out-do their fallen 
foes in the matter of enriching and exalting the deities in the 
conquered territories. The revenue accounts from the settlement 
ofBUM.E., down to the date of the master-stroke attributed 
to Col. Munro, not only afford ample proof of the distinct 
existence of Devaswom properties but also disclose assignments 
of public revenue and properties in support of various temples 
(R. M. Vol. V. pp 1 to ltl5). If it is contended that along with the 
■conquests referred to above, the properties of all Devaswoms 
were forfeited to Government, one fails to see how anything was 
left to Col. Munro to take over. I am not disputing the positions 
of my colleagues here, for, according to them the Devaswoms 
were divested of their properties only in Munro’s administration. 
I am only meeting a possible objection. Reference may also be 
made to mortgages taken by Travancore Sovereigns of lands 
belonging to the Suchindram and Kannyakumari Devaswoms, of 
loans taken by them from the Vadaseri temple and so forth all 
■subsequent to 920 M. E., that is, after their sway was completely 
established over South Travancore. 1 agree with my colleagues 
in holding that some of the Devaswoms now under Government 
control were being maintained partly or wholly by the State 
before Munro’s time. Taluk accounts of 967 M. E., for Etta- 
■manur taluk show the existence of 29 temples in that taluk 
maintained by the Sirkar. The Thirattu of 984 shows the 
■number of such temples to be 1569, while that of 985 M. E., 
puts their number as 1383 (R. M, Vol. pp. '182 and 185). I am 



uo 


of opinion that the management of some of these institmions 
devolved on Trnvancore Sirkar on the over*threw of other RajaSr 
For example ne see on page 117 of R. M. Vol. V that the 
KariUode temple in Thodupuzha taluk was under Government 
control in 95^ — Karikode having been one of the seats of the 
Vadakkumkoor royal family (Vtda W. and C ), the inference 
is irresistible that the said temple came under Travancore 
on tne fall of the Vadakamkoor family. I presume that 
the Ambalapuzha temple as well as the Thaliyil temples at 
Kottayam and Kaduthuruthy fall under this category. In the 
previous para, I have shown that with respect to such templeSf 
the former Rajas could only be regarded as trustees and the 
Sirkar taking their place, though by conquest, cannot claim 
anything more than the position of a trustee. The propnetership 
of the Devaswoms is in the Deity and there is nothing to show 
that such private rights of the idols were ever affected by the 
conquests. 

10. Under the third class I include Devaswoms surrend* 
ered to the Sirkar in pursuance of treaties or agreements 

(a) Karapuram (which was subsequently constituted as 
the Shertaliai taluk) was ceded to Travancore in 930 M. E. The 
circumstances in which it was so ceded and the title deed are 
referred to in R, M. Vol. IV p. 117. The Cochin Raja, who 
seems to have disputed the step taken by his rival, was ultimately 
reconsiled to it and agreed to the cession of Shertaliai, Parur and 
Alengad, as may be seen from the alliance entered into between 
Travancore and Cochin on 12lh Dhanu 937 {23“12“1761) to 
repulse the Zamorin’s forces from Cochin territory. (State 
Manual Vol. I P- ■370). From a transcript of the original 
counterpart, i make the following extract relevant to the present 
enquiry, cna§<Si^ «a>sco''onus3cT363n^« roia^as co3s«a»gQ 

WT05!?9gs oaJ-rosAsa^ffiseiocmo 

«r010m^3TT)^ 



Ill 


Koima Sthanam in the above passage is vaguely translated in the 
State Manual as “certain privileges” The expression means 
mainly superintendence over temples, and the passage is useful 
as indicating the specific provision made with respect to the 
control of the temples situate within the territories ceded. But 
the reservation of Koima right with a sovereign surrendering 
territory was found to have left room for occasional friction, to 
obvite which, another agreement, as shown below, was subse- 
■quently concluded between the two States. (8«its&lajucD‘’<s> crar^sis 

oarmaBi oicasi-onaasoi aicoffiioro* ^ 

gsmjs’tolai <oja^W3>1<o5 

9cfca3a“EfTuflirosST3^o co''»ws)rrr> cwjaa.oo'l m5OTra>tj0j«c9>asaca> ftaffioe coes^as oaa^S^ 
flt^)9a«TO3§na<u aj.a>co)3C5al|o 

s=i3lcDa'5ia3^m>e8anu>r®^9 OAaco>*iaav"L05fD<!io^a tBr^3.0e0ST m3<vr:i'ls^s»Ay 

«T8a|ya colcaiSJ ^ (irti2 swsjs'lsro ocnTsua^Kri 

■csmTSKroeq® (snsoo 9aa<aiiaA56n| ai1-o»^aj'taj*(3<o>a.3®1 ojtfrrxggaffl'nBa istajs cuosaiw 
c»1(e1j,afli6fit(TO(m1oo ci?5aja'is=9« OAftsotrvesamuJJogo 8Aa«)“ffifnio»o5®3§» 

«Tss?ga1s?9» ai'laja(t>1^<9,ebag2^<mi>^aig^9 ©Qcsa'lm^ roscn«1^9a>a«r»)0& 

ea>ag2^aaa'n9» a>'kfsuav1d)09<9id«n9 >9iei9>1ra|{^«'9>scm fiirtf«p-aaa£n| ajIsso 

aa(TU9 (UOfyS) (wuej^stja^ gsfienl mDSJsroa^sTO'to 

m58«ttitTu>Sf^§.o «A3«i”fflrtuoionar5§.» «oS5g-o>aciro <«3af<0®T a^ACSS* 

cojemo. mo^sis <m3«3*1nacBacai'l|ga <oao^i'5r9 0ifl>a3a''2T\!flaa)5^a.^*^ 

QoJ'JSffl'iagg fiaji^ca qaifo\9aaj;a!)1 ajaaT^jo, qa-<s?crajti% ojopot gOsaajg troaaco 
Qja aro^'CifflCTD d^y'^ffl^aslajjaej co5 ■jial.a^adhaya flaCSfo SOiSTDo . . .rso 

enaej^os «n5,sa'aiao5o rruoaojo cutstb b garmaaBraABSTe A^y^cSJaiaJaeiaJ 

mS(fft3i'l^(U(j^<sg* fiWjo nacmaei ®oaJ'tUfl «a^:onj)3n6 oiawl^ oacqos 

AaJjoasu'Oaajtsaaoa, wolajicj Qj^qjs OQJsma. n5fi,Drf)-cm1 o-d. 

(b) In spite of the treaty of 937, mentioned in the 
previous paragraph, the transfer of Alengad and Parur was 
•completed only in 039 under deeds executed by the rulers of 
•those provinces. These, both of which were dedicated to Sr* 
Padmanabha by the Maha Raja in 941 M. E , distinctly provide 
for the up-heep of the (deities in the territories ceded thereunder* 
Accordingly we find from the Thirattu for 933 m. c, relating to 



Alengad, that 38 temples were being maintained by the Sirkar in 
the Alengad Mukhom that year (R. M. Vol. V. p. 120). 

(c) The Panthalam principality was originally under an 
independent chief. Owing to his inability to pay up the war 
contribution levied on him by Travancore on the occasion of 
Tippu’s invasion, he agreed ultimately to surrender his 
possessions receiving certain allowances for himself and his 
family. These facts are clearly seen from the public records 
appended to the memorial submitted by the Pantalam Raja to 
the Government on the 13th Kanni 1087 (24-9-1911.) The 
Principality, which now forms pans of Mavelikara, Chengannur 
and Thodupuzha taluks, was assumed by Government in 1820 
A, D. (8th Chingom 996.) Ward and Connor’s account of final 
assumption in 987 appears incorrect (Vide Dewan Venkita Rao’s 
communication dated 8th Chingom 996 appended to the memorial 
afores.iid.) Government made an estimate of the income and 
outgoings preparatory to the assumption and we see there 
provision being made for the up-keep of 25 temples within the 
principality. 

(d) The Thiruvella temple is belived by some as having 
come under Sirkar management in pursuance of an agreement 
styled Saktimukhom executed in 927 m. e, by the then managers 
of the Devaswom {Vide the answers to the Committee's questions 
by Mr. S. Krishna Aiyar, High Court Vakil.) There was a 
litigation about it in the District Court at Alleppey seeking to 
enforce the provisions of the Saktimukhom. The question was 
not however finally decided, since the plaint was rejected on a 
point of valuation. 

(e) The Nellyakaut Bhagavathy temple at Koothattn- 
kulum was originally maintained by a Namburi Brahmin. On 
the Sirkar imposing additional tax on some of the properties 
beld by him, he agreed to the surrender of the temple and the 



113 


said lands so that the yield from them might be utilised for the 
expenses of the temple* The Sirkar took up the properties and. 
the temple and made arrangements for the up-keep of the 
worship. (R. M* Vol. V. p. 132). 

11. The instances given in the previous paragraph 
clauses (o) to (e) which are only illustrative and not exhaustive, 
show the assignments of lands and territories for the use of 
rehgious foundations. The State accepted the same engaging 
itself to preserve and to continue the worship of the deities 
falling within the scope of the treaties and Udampadies alluded 
to above. The position thus accepted by Government clearly 
amounts to one of trust. 

1 2. Next we examine the proceedings of Col. Munro. The 
divergence between my colleagues and myself is the widest at 
this point. According to them there is no legal obligation on the 
pirt of the State to maintain these institutions The obligation 
of the State is only .moral and religious Again my friends 
think that the obligation to support the religious institutions 
attaches to the State because of its policy as a Hindu State. The 
necessary corollary is that the destinies of these institutions 
are at the mercy of the fluctuations of the policy of the State. 
The policy of a State be it Hindu, Chritian or Mohamedan is 
what one may cal! a ‘variable’ capable of ascertainment only by 
reference to a complex set of political factors. It is shaped and 
actuated by various exigencies and contigencies. Mr. Gladstone’s 
propositions on the subject under notice as may be gathered 
from his work “on the State in its relation with the Church” 
were “that the State is cognizant of the difference between 
religous truth and religious error; that the propagation of this 
truth and the discouragement of this error are among the 
ends for which Government exists; that the English State did 
jecognise as a fundamental duty to give an active and exclusive 
support to a religion; and finally that the cohdilion of things 



114 


resalting from the discharge of these duty was well worth pre- 
serving from encroachment from whatever quarter encroachment 
mightthreaten (Morley’s life of Gladstone.) Yet it was left 
to him to carry through the disestablishment in Ireland where 
the preponderance of the Catholic population proved far too 
striking to be left out of account. The Bill for the disestablish- 
ment of the Welsh Church became law in 1914, though its 
operation was suspended owing to the war. The established 
Church in France was restored in the time of Nepolean under 
the Concordat of IdQl but was again disestablished and almost 
all endowments and church property were confiscated by the 
Separation Bill of 1905. In the United States, Mexico and 
Brazil, the Separation of the Church and State is complete. 
There was originally an established church in the Dominions of 
Canada, but the grant of Self-Government led to its disestablish- 
ment. The enthusiasm for an established church in the West 
seems to be so far on the wane, that Bishop Weldon writing in 
the 19th Centuary and after for November 1910 observes: 
“Upon the whole then it seems that the establishment of a 
church or in other words the national acknowledgment of a 
religion, is a matter about which thinkers of equal intelligence 
and sincereity may not unreasonably bold different opinions.*' In 
the light of what was said above, State policy may be seen to be 
a broken reed to lean upon, when it comes to a question of 
religion and countenancing its continuance. 



115 


the fusion of their income with the general revenues of the 
State, In the former class of Devastvoms, detailed accounts of 
the moneys drawn and expended on their behalf are insisted, 
upon, whereas with respect to the latter class no such thing is 
called for» This difference notwithstanding, they agree in that the 
incomes derivable from both the classes alike are mixed up with 
the State revenue and hence they come under what in current 
official phraseology is know as incorporated Devaswoms, by which 
is meant the incorporation of their income with the genenal 
revenues. The classification of the Non-ezhuthitheeruva Deva- 
swom by Messrs* Kamachandra Rao and Mabadeva Aiyar under 
the unincorporated class (Vide R. M. Vol. IV p* 238) aopears 
indefensible on principle. Granting now that there has been a 
complete merger of the Devaswom Land Revenue in the General 
Land Revenue cr vice verca^ that fact does not warrant the 
conclusion of my colleagues. Nay, when logically examined, 
fusion of funds on which the opponents of the trust theory b.ase 
their main argument, may be seen to go great way against their 
contention. When it is said that there is a fusion of Devaswom 
funds and the State revenue, the existence of Devaswom funds as 
distinct from the State revenue, is clearly implied. This leads to 
another necessary implication that the source from which 
Devaswom funds are derived, namely Davaswom property, is 
distinct from Sirkar property, the source of Government land 
revenue. Unless the separate existence of Devaswom properties 
is conceded, it is difficult to see how there can be a fusion of 
funds. Fusion of incomes is quite distinct from coalescence of 
the ownership of the properties yielding the incomes. If it can 
be made out that even after the assumption of management in 
Col, Munro’s time, the Devaswoms were regarded as the proprie- 
tors of what belonged to them before the scheme came into force, 
or in other words, if the assumption did not effect the proprietor- 
ship of the properties taken over, it will be clear that the State is 
in possession of the Devaswom properties for and on behalf of 



116 

the Devaswoms and that it stands in no other light than that of 
a trustee to these institutions. Since the changes, if any would 
be best illustrated by the period just succeeding the close of the 
assumption of management by the State, attention has to be 
focussed on that transition period to understand what really took 
place. As to Col. Muoro himself, be It said to his credit, that he 
did not tolerate any confusion to supervene on the assumption of 
management by the State An inventory of the properties, both 
movable and immovable, was directed by him and made accord- 
ingly, their yield was estimated and the receipts were entered in 
the accounts distinctly as derived from the Devaswom properties- 
So matters stood till 993 m. e. In that year there was a 
Revenue Settlement of the gardens and compounds througont 
the state. Here was an excellent opportunity for the State to let 
the public know of its real position with regard to these insti- 
tutions. Had the Devaswom properties become the property of 
the State, such properties ought to have been entered in the 
revenue registers as Pandaravaka properties. No such thing was 
done. On the contrary, these properties were entered as 
Ezhuthitheeruva Devaswom Vakai and Non-ezhuihitheeruva 
Devaswom Vakai as the case might be. It cannot be contended 
that this is an unconscious perpertuation of an erroneus description 
of these properties from the prior ayacut of 977 M. E. for the 
expressions Ezhuthitheeruva and Non-Ezhuthitheemva Deva- 
swoms, came into existence only in 937 M. E. and had their 
origin in system of accounting introduced by Col. Munro. So 
then it was a conscious act involving a clear admission of the 
proprietory rights of the incorporated Devaswoms. Even with 
the respect to Devaswom properties brought under assessment 
for the first time in 993 such as Sanketham lands, the State takes 
care of keep in their original character without any alteration. 
(tlQlABSOOfiJ? Ql^/oysctuoja CUIOJOTO R. M, Vol. V p« 235). 

The Settlement of 993 discloses another feature which was kept 
up in the Settlement of I0l2 also, and which is sufficiently" 



117 


■significant of the proprietory rights of the Devaswoms Where 
Kanam or Adima tenures had been created with respect to the 
properties of the Ezhutbitheeru\a Devaswonas, tne State, as in 
the case of other Jenmom lands, levied a light tax on sucn 
properties in 993 and 1012 The Rajabhogatn thus levied is 
directed to be credited to the State and the test of the Pattern is to 
be claimed on behalf of the Devaswom (Ibid p 439)« Nor is 
this all Properties which stood erroneously registered in the 
Ayacut of 978 M E as Pandarapattom were withdrawn from 
that category of 99 i and hi ought under the head of Devaswom 
Pattom With appropriate reductions in the demands of the State 
(Ibid p 274) All this is explicable only on the basis of the 
subsisting title of the Da\ iswoms On the other hand, where 
the properties of others had become State properly, as m case of 
confiscation they were entered in the accounts of 993 as Pandara- 
pattom with a specific recital as to how it bocamo such See the 
case of the Ambalapuzha Mughathu Sarvadhikanakar who took 
part in the rising of 934 M E (Ibid p 267) The Thiraitu of 966 for 
Alavelikan north, shows that lands were purchased for incor- 
porated Devaswoms from Devaswom funds, after Col Munro’s 
assumption Pandaravaka Otti and Madampi-thanathu properties 
so pu'^chased were trea'ed as De\as\\om Pattom, while Brahma 
sworn Otti lands so purchased were entered under the head of 
Devaswom Otti (R M Vol IV. p 263) Unless the Devaswom 
funds had been considered distinct, and regarded as belonging to 
the deitiee, there would ha\e been no cause or reason to do so 
Coming to later times the Settlement of 1012 mav be seen to 
reproduce the special features of 993 on which I laid stress m the 
foregoing passages Even in the last settlement (1068 — 1085) 
properties h“longing to incorporated De\aswoms are registered as 
such, the innovating tendencies of the settlement having stopped 
short at ear marking the Devaswoms concerned as *‘5irkar*’Deva- 
swoms In the Settlerrent Final Report Mr Padmanabha Ai>ar 



118 


says the **Sirkar Devasvvom Vaka. Sripandaravakai, Sripadam- 
vakai and Kandukrishi lands, which are like Jenmom lands and 
may be 'dealt with as such.” In the review of this report 
Government did not express any dissent, but concurred in the 
view of Mr. Padmanabha Aiyar. 

H. The definition of Jenmom land in the Jenmi and 
Kudyan Regulation mentions Sirkar Devaswom lands as distinct 
from Pandarvaga lands. The revised definition proposed by the 
recent Jenmi Kudyan Committee maintains the same distinction 
and the prouning-knife applied by Government to the Commit- 
tee’s report did not touch the passage referred to. Section 3 
(clause 2) of Regulation IV of 1091 enumerates "ail unassigned 
lands belonging to an incorporated Devasvvom ” as having been 
deemed to be the properly of Government for the purposes of 
that Regulation, that is to facilitate eviction of unauthorised 
occupants. I refer to these definitions as legislative recognition 
of the distinct existence of Devasvvom lands as well as the 
proprietorship of the Devaswoms with respect to such lands, 
Had the Devasvvom lands become Pandaravagai, the Royal Pro- 
clamation of IO 4 O would have been applicable to the turners of 
such land. But the High Court of Travancore has held in a 
series of cases beginning with XVT. L. R, 185 and ending” 
with VI T.‘L. X. J. 339 that Sirkar Devasvvom lands are not 
included within the purview of the said Proclamation. In 
this connection my colleagues set up as an argument the practice- 
which existed in some taluks of levying Pattom-fees on the 
alienation of Sirkar Devasvvom lands. This fee was due only on 
Sirkar pattom lands under the Proclamation 10‘10« Since it vva& 
realised from Devaswom lands also, my colleagues argue, 
Devasvvom lands were included within the scope of ilie Procla- 
mation. This is really arguing in a circle. I do not concede 
that the levy of the said fees on Devasvvom lands was legal. 
The considered judgements of the High Court leave no room for 



119 


any doubt on that point. The revenue Officers whether 
they were conscious of the provision of the Proclamation or 
not, should be deemed to have acted illegally in the matter. It 
does not necessarily follow from this practice that the Revenne 
authorities treated the Devaswom lands as Sirkar lands. For 
they might have mistaken the scope of the Proclamation and 
erroneously applied it to Devaswom lands even if they regarded 
the same as distinct from Sirkar lands. That is the more proba- 
ble error since the accounts evidencing this practice make distinct 
mention of Devaswom lands as having been subjected to the 
lev}' of pattom fee. Neither is there anything to show that this 
unauthorised practice was general or that it had the sanction of 
any Huzur order. 

15. Turning next to the circumstances which led up to the 
interference of the State i»i the affairs of these institutions and 
the pre*existing relation between the State and the Devaswoms in 
general, they may be seen to lent no support to the theory put 
forward by my colleagues. The constitution of an ordinary 
Malabar Devaswom is described in 11 T, L. R. p. 197 (followed 
in 1 Thandoo Aiyer p. *14 F. B.) The trustees of Devaswoms 
were never regarded as the properties of the Devaswom' properties* 
The ownership of Devaswom properties was all along considered 
ns vested in the deities themselves and the very expression Deva- 
swom means that which belongs to the deity. Over the trustees 
the Severe gns exercised the right of Melkoima which means the 
right of superintendence (18 Mad. page I P. c.) In A. S. !36 of 
1073 B* (unreportedJ the Travancore High Court observes, 
■“That the Sirkar possesses the Melkoima which has in more than 
one Malabar case been described as the right of the ruling poxser to 
interfere in case of dispute or fraudulent practices occuring in the 
Devaswoms, if undisputed. This right of the sovereign power 
was not confined to Malabar. It existed throughout India, so much 
so on disappearance of Native rulers, the British Government 



deities \\ ere the sufferers and stood in need of relief fron? their 
tormentors — the trustees. The State proceeded to adjudicate 
and found the trustees guilty, but strangely enough it is said the 
punishment went to the deities entailing the forfeiture of their 
properly. It has to be further borne in mind, that this was done 
by a Hindu State tenacious of its Melkoima rights and keenly 
alive to its obligation to protect the Devasthanams It is difficult 
to escape the above mentioned implications In the position of 
those who maintain that the Stale divested the Djvaswamsof 
their properties. Such a position will speak for itself and com- 
ment is obviously needless. On the other hand the unworthy 
trustees having been stripped of their right of management that 
the Goverement assumtd nothing more than the right to manage 
IS the legitimate inference u.iaer the circumstances Munro’s 
intervention in Divaswom affairs was ja:t after the enactment of 
Bengal Regulation XIX of 1810 and after the commencement of 
a similar policy in the Madras Presidency, as disclosed by the 
letter to Mr. Hurdis referred to above He was the accredited 
agent of the British Government in Travancore and Cochin, Is 
it not natural to suppose then that his scheme here was a propa- 
gation of the course of policy pursued in British India, modified 
in the light of lacal conditions? 

17. As suggested in the terms of reference to the Com- 
mittee, considerable emphasis is laid by my colleagues on the 
fusion of State revenue and the incomes from the Devaswoms in 

support of the view taken by them. No doubt able administra- 
tors like Dewan Seshiah Sann found it difficult to separate the 
two. But even this problem, once deemed impossible, was 
solved by Sir. P. Rajagopala Chan, when he was at the helm of 
affairs here, and though it may still remain a question whether he 
has really succeeded m untying the Gordian-knot, it has to be 
conceded that he has* at least cut People cannot' be WT^'ed if 



they choose to remain sceptic about the correctness of what has 
been achieved by Sir Rajagopala Chan in view of the admission 
of inability by prior Dewans* Any how something more 
reassuring than the current settlement registers is undoubtedly 
needed to pursuade the public to accept the reasults arrived 
f do not therefore disputing the starting point of my colleague’s 
arguments. But proceeding from there we disagree all along the 
line. Where the claim to any particular fund is in dispute and 
nothing more is known about it than that it remains mixed up 
with another fund admittedly belonging to one of the claimants^ 
then the fact of blending may be of use to indicate the character 
of the fund in dispute. But whereas in the present controversy^ 
we know or could have known from State accounts all about the 
two funds thrown into hotchpotch, there is no scope to raise a 
presumption from the admixture or to seek to displace what we 
already know of the funds in question. Further consolidation of 
funds, except when effected with the intention of appropriating 
the disputed fund to one’s own use, is hardly of any avail to 
thwart those who claim the same. The piety of Travancore 
Sovereigns, the sense of rigbtiousness of a European like Col, 
Munro, and the circumstances, ali militate against the suggestion 
that the State intended to appropriate Devas’vom funds to 
its own use. Subsequent impossibility to separate the funds 
brought about by lapse of time or other complicating conditions, 
is irrelevant, when we are at the causes and origin of the 
blending. . The problem presented by the merger has its expla- 
nation, compatible with the existence of trust. When Col. Munro 
took charge of the administration, he found a number of treasuries 
existing in the State. Such a system was found opening a door 
for malpractices and so retaining the Huzur treasury as the sole 
receipticle of what was due to the State, he abolished the rest. 
TJnder such an arrangement when the Devaswoms were taken 
over, the State had no alternative but to receive the incomes 



124 


from the Devaswoms into the Huzur Treasury. The key-note 
of Munro’s reforms was rigid economy. Certainly such an admi~ 
nistrator would have been the last man to organise a separate 
establishment for the Devaswoms. These circumstances m 
course of time lost their grip on the Revenuej Department 
which with its obstinate tendencies to confound, has contributed 
more than Its ordinary share to belong the situation. The ruling 
in XXXII T. L R. page 54 shows that with respect to the 
Kaviyur temple, Sirkar occupies only the position of a manager. 
My Dewan Petshkar colleagues tell me that the rents and profits 
due to that institution are merged in the general land revenue 
Why merger should receive a different mreroretation in the case 
of other temples is not clear. This aspect of the matter therefore 
appears to be quite inconclusive and unavailing. 

18. I next come to the very pivot of the question, Mr Rama- 
chandra Rao says that the Royal Proclomition authorising Gov- 
ernment interference in the affairs of Devaswom, inMunro’s time, 
is not forthcoming. Probably no such thing exists. It might even 
be if we may believe tne allegations of Kanakku Venkiteswara 
Pye Janardana Pye in his suit against Col. Munro and the East 
India Company (Madras Supreme Court Reports 2 strange page 
199), that the whole thing was done by the personal order of Col. 
Munro without any previous reference to the Throne. Anyhow the 
researches of the late Mr. Mahadeva Aiyarhave brought to light 
orders of Co). Munro on the subject in hand fsee R. M. Vx>]. V pp* 
187 and 192). The first dated 3rd Kanni 987, after reciting the 
two malversation and misapropnation of the funds and movables 
in the Devaswoms, the remissnesa and iaxity in the collection of 
rents and profits and the neglected condition of the buildings and 
cultivation in the Devaswom lands as the case of Government 
interference, direct the Revenue Officers to take such measures 
with respect to the Devaswoms as they would take to prevent 
loss pr detriment to Government revenue; to make and 



225 


•inventry of the movable properties of each institution; to conduct 
all the ceremonies according to the established practice; to carry ’ 
out the cultivation of Devaswom lands in cases where it is ' 
-neglected by the tenants and to send up regular accounts to the 
Huzur regarding Devaswom affairs. The outstanding feature of 
this order in the distinction it maintains between the Devaswom 
lands and Sirkar lands. The direction is to regard (he Devaswom 
lands as if they were Sirkar lands. It nowhere says that the 
Devaswom lands have become Sirkar lands. The expression 
■“as if” and its enquivalents, be it in only language, always 
imply an essential distinction and incidental similarity 29 T* L. 
R. p. 37). The similarity implied in the order is in respect of the 
■management of the Devaswom properties only but not in other 
respects. The second order dated I8th Thuiam 987 appoints a 
Committee to draw up a Pathivu or scale expenditure with regard 
to the Devaswoms and Oottupuras. ft repsates a goodly portion 
■of the first order and dislcoses the ideas underlying the measure, 

ffisqos gnt&ldMmd'OtocBKTrissi ctoqdq vaajTujSias.lfli ojotl 

<U3CQ)1| m€a%3J<t3CTr> <8ia)a‘te3ag%|pfi^-3>j».‘Wig?a ocu;rt|a\(yiai30o 

(nS«(fl05fnaaffOo cnscw'VjtWsmsCTOo saoimjS^&.’la&J ajtnY\AC.» oas 

ijai«nS5^A5®9 <Tyftailj.©8sm3afr»* «n>o0 otTiAmo.ii Such a clear 
avowal of the object of Government closes the door on specula- 
tions and extraneous evinence. From the orders referred to 
above, there is no posibility to spell out an intention on the part 
■of Government to deprive the deities of their properties or to 
reduce them to the position of perputual dependents on the 
benevolence of the State. On the other hand, the assumption 
management of these institutions may fas seen to be the ne ^ttlus 
ultra of Stale interference in the administration of Col. Munro. 

If the distinction between Devaswom lands and Pandarvaka 
lands was wiped off by Col. Munro, the insistence on separate 
accounts as to the demand, collections and arrears with respect to 
Devaswom lands as in the case of Pandaravaka lands, becomes 
meaningless (see the first order referred to above). Accordingly 



126 


the Thirattu of 987 'R. M« VOL* V, p. 193 et seq) contains 
separate entries showin" the income from Devaswom lands as 
distinquished from Pandaravakai lands The miscellaneous 
incomes from Pandaravakai and Dev'asJVomv 2 kai are alsa 
separately entered. In the opinion of Col. Munro, the evil that 
called for remedy was only the mismanagement of the Deva- 
swoms. He never regarded the Devaswoms theniselves as 
harmful institutions to be suopressed by the State. The neces- 
sities of the case were met by the assumption of management 
by the State. Conversion of Devaswom properties into Sirkar 
piopsrty w ould have been an extravagant measure going much 
farther than the requirements of the situation, if not entirely 
belying the professed object of Government interference. 

19. This question was before the High Court of 
Travancore in a series of cases with the Sirkar on the party array 
and [ fail to see how it is possible to reagitate the matter bearing 
m mind the conclusion arrived at m those decisions In XV T. 
L. K. p. 185. * Their Honors observe “The assumption by 

Government of the management of Devaswom is not a confis- 
cation or usurpation and does not vest the properties attached to 
these institutions in theSitkar.” The position of the Government 
with respect to such Devaswom was held to b® that of a manager 
and the obiter observations in VH T. L. R p B9 which lent some 
support to a contrary contention were dissented from. In XVll 
T. L. R. pp. IS-f, 185 it is said that “ The Devaswom lands held 
by the Sirkar are held on trust” and the XV T. L. R. case was 
followed. The question was again raised in XXII T. L. R. p.- 
5A and the leading judgment by Mr. Ramachandra Rao clearly 
shows that wnen Sirkar assumes the management of a temple^ 


The case related to the Kollencode Devaswom, near Alleppey. It is 
incorporated Devaswom. P. K* N. P. 



127 


the temple properties do not become Government property and 
the assumption is rm administrative act founded on the position 
-of Government as Parenspariae> The Chief Justice Mr. Sadasiva 
Aiyar added a few words of his own on the point of limitation 
raised, as well as on the distinction between rent and revenue- 
Hy colleagues seem to place reliance on some of his observations 
The passage is as follows: — Unless the Stale mixes up the 
rents of the lands of a temple with the general revenues so as to 
■make those rents capable of appropriation for other general 
purposes and so as to treat sums realised from other heads of 
revenue as available for the temple expenses, it cannot be said 
that the rents of the temple lands, though collected by the 
State as manager, form part of the public revenue. It may be 
that in the case of *=} or 6 important temples like Vaikam, 
Suchindram «.^c , and in the case of the temples taken up by Col. 
Munro as State properties, the rent collected might be treated as 
public revenue. In the first place these obsarvations do not 
support the view that Goveroment is not a trustee with respect 
to the Devaswoms taken over by them; for the remarks bear 
only upon the amalgamation of the temple funds and State 
funds. Secondl)’, if it is contended on the strength of the above 
dictum, that by such a process of assimilation the blended fund 
becomes revenue from the stand-point to the State, there is 
nothing to prevent the same being regarded as Devaswom rent 
from the stand. point of others. Once we get at the existence of 
a trust, no amount of breach of trust or dereliction of duty will 
avail the trustee to disclaim his position or to prevent the 
•consequence of his acts. The position of Government with 
respect to the Devaswom taken over by Col. Munro has been 
examined in the previous paragraphs and it has come out that 
"the State is a trustee in relation to them. Such being 
the case, subsequent misapplication or merger of tru«t 
funds has their appropriate remedies in civilised jurisprudence. 



128 


Mr. Sadasiva- Alyar’s observations, I dare sa}*, do not laydown 
anything starting in that respect as wilj appear later on. Thirdly^ 
the learned Chief Justice does not dissent anywhere from the 
views of his learned colleague and has therefore impliedly 
accepted the leading judgment in the case. Fourthly, the 
Kaviyur Devaswona about which the case arose, having been 
assumed in 1076, was an incorporated Devaswom at the date 
of the decision* The fact is referred to in Mr, Ramachandra 
Rao’s judgement which proceeds on the footing tint it was 
an Incorporated institution The Chief Justice could not have- 
failed to notice this fact. With that aspect of the case before 
him, he maintains that the Sirkar is only a manager of that 
temple. Since nothing turns on a difference m the points of 
t^me at which the assumptions were made, there is no conceiva- 
ble difference in principle between incorporation of the Kaviyur 
temples and that of the temples taken over by Col Munro. The 
Chief Justice evidently thinks otherwise and draws a distinction- 
I fear the learned Judge might have been mis-informed about 
what was done by Col. Munro or might have misconceived the 
effect of it. His reference to temples such as Suchindrum, as 
distinct from those which fell within the compass of Col. Munra’s- 
so called annexation, leads me to suppose that the learned Chief 
Justice’s information on the subject was either imperfect or in- 
accurate. InA.S. 234 of 1077, the High Court says “ The- 
Sirkar is a trustee and manager of the Suchindrum pagoda and 
the lands appertaining to that pagoda are burdened with the 
trust for the performance of religious services in that institution."^ 
The Chief Justice has not noticed this prior pronouncement on 
the subject. In view of these considerations, the Chief Justice’s- 
observations in the XXll T. L. R. case are invoked in vain to- 
combit the theory of trust. The last reported ruling on the 
subject is in IV T. L. J. p. 339, which in spite of all that the- 
Revenue Manual had to suggest to the contrary, adheres to the- 



129 


ruling in XV T. L. R. A word remains to be said^ on the 
attempt made in the majority report to discount the A^alue 
of these decisions. In view of the conflict between the earlier 
Vn T* L. R. case and the latter rulings, my colleagues take their 
stand on the absence of the Full Bench ruling on the point. 
They overlook that the nature of the observation in VII T. L. R 
was such as did not necessitate reference to a Full Bench. Fur, 
ther M. Justice Kunhiraman Nair who took part m the VII T. 
L. R. case has subsequently accepted the XV T, L. R. ruling as 
correct. (See A. S. 234 of 107? quoted in R. M. Vol. I, p. 16), 
Then it is said that, since the legitimate foundations for a correct 
decision on the point, namely Col. Munro’s orders, were not 
available till the Revenue Manual appeared on the scene, these 
decisions may be let well alone in the discession of the question 
at issue. The assumptions underlying this line of argument seem 
so be that in the absence of the said orders, people are bound to go 
wrong and with their assislence every one is sure to be correct. 
Both of these assumptions are unfounded. A correct interpre* 
tatlon of Col. Munro’s orders leads one exactly to the same 
conclusion as has been reached in the decisions of the High 
Court. Finally, my colleagues think that the question was not 
directly in issue in the cases quoted. I am prepared to grant It 
for argument’s sake. Undoubtedly the question, whether Sirkar 
Devaswom lands are the same as Sidcar lands, was ‘pre-eminently 
in issue in some of the above mentioned casesi So the decision 
on that issue, that the Sirkar is not the owner of the Devaswom 
lands, is quite legitimate. If so, inevitably it must follow that 
the Sirkar is in possession of the Devaswom lands only as a 
manager or trustee. Hence the absence of a direct issue does not 
in the least minimise the force of tbase pronouncements. Further 
the Sirkar for example in XV T. L. R. was good enough to, 
admit that it had only the position of a manager with respect to 
these institutions How can it now veer and claim ownership of 
Devaswom lands. 



130 


20. So long ago as 1050 M. E. Dewan M. Seshia Sastri 
recognised that the State is a trustee with respect to the Deva- 
sworn under its control. In the review of his famous admini- 
stration report for 1018 and 1049, there was a query by the 
Madras Government whether it was not possible to separate the 
trust fund from the general Slate Revenue, to which the Dewan 
replied that he would fain have done so provided it were 
possible. Such a deliberate admission of the State through its 
accredited spokesman was never repudiated by any of the 
succeeding Dewans. Mr. Ramachandra Rao maintains the trust 
theory in his report on State Charities and Devaswoms. In the 
last but one administration, when that report came to be re- 
viewed, Sir P, Rajagopalachari accepted the position and pro- 
ceeded to separate the Devaswom lands and their rents from 
Sirkar land and the general revenue* I see no means to get 
over the force of all this or to invite Government to adopt the 
change of front advocated by my colleagues. In this connection 
I wish to draw attention to the opinions of Messrs. A. Govinda 
Filial (Retired High Court Judge), P. Ramakrishna Aiyar (Re- 
tired Dewan Peiskhar), S. Krishna Aiyar (High Court Vakil) and 
others in answer to the Committee’s questions supporting my 
view of the matter. 

21, Another construction of Col. Munro’s action remains 
to be noticed. The arguments hitherto advanced have been 
directed to show that the Devaswom lands were never detached 
from the deities and assimlated to the State. An objector may 
concede that, but going a step further, may raise the question 
why one may not view the deities themselves as having been' 
incorporated with the State, in which case the Devaswom lands, 
as things attached to the duties, would vest in Government in 
the wake of the deities assimilated. To borrow the language 
emoloyed in regard to the national church in England ; why not 
regard the Devaswoms as “ built into the fabric of the State.’* 



231 


All this I presume, amounts to saying that the deities have been 
appropriated by the State and have become the property of the 
State. Now we have to bear in mind that a trust created for an 
idol or temple is a public charitable trust and that an idol or a 
deity is a juridical person in the contemplation of law; capable 
of holding property and accepted gifts and offeiings (12 Bom* 247 
affirmed on appeal to P. C in 24 Bom. 50). The observations of 
that eminent Judge Mr, Justice West in the case cited, wherein 
the debts set up a claim to the idol at Dakore as their property 
would furnish a complete answer to those who entertain similaY 
views with respect to the connection of the State and the 
Devaswoms here. His Lordship says referring to defendent’s 
admission that they could not sell the lands bestowed on the 
deity at Dakore, “it is consistent with the grants having been 
made to the jurisdical person symbolised or personified in the 
idol at Dakore. It is not consistent with this juridical person’s 

being conceived as a mere slave or property of the Sevakas 

It is indeed a strange if not wilful, confusion of thought, by 
which the defendants set up Sree Ranchod Raiji as a deity for 
the purpose of inviting gifts and vouchsafing blessings, but as 
a mere block of stome, their property, for the purpose of appro- 
priating every gift laid at its feel* But if there is a juridical 
person the ideal embodiment of a pious or benevolent idea as the 
centre of the foundation, this artificial subject of rights is as 
capable of taking offerings of cash and jewels as of land^ 
Those who take physical possessions of the one as of the other 
kind of property incure there by a responsibility for its due 

application to the purposes of the foundation They are 

answerable as trustees even though they have not consciously 

accepted a trust The latter pan of the above passage is 

quoted with approval in 14 T, L. R, p. 225 at p 232. In 1919 
M. W* N. p. Mr. Justice Seshagiri Iyer refers to the passage 
quoted from 12 Bom. 247 as a compendious expression of Hindu 



132 


ideas on the question and observes “It would strike at the very 
root of religion in India to hold that the person who is permitted 
by the worshipers to receive the offerings is the owner of the 

income and not simply the trustee thereof in Chintaman 

Baloji Dev Dhondo Nanesh Dev {15 Bom. 612) a temple was 
regarded as publici notwithstanding the fact that the founders 
and their heirs mixed the income arising from offerings with 
their own private income Mr. Justice Sadasiva Aiyar 

was a party to this decision and expresses his entire agreement 
with the conclusions of his colleagues. Various offerings and 
gifts are made to the Sirkar Devaswoms by the Hindu population, 
intending such for the deities and not for the “fabric of the 
State. The State receives all these, fully aware that the gifts and 
offerings are intended for the deities. Now to be told that the 
State has a right to absorb such income and the deities need only 
be regarded as if exhibited to stimulate the munificence of the 
worshippers would be a rude shock to many a pious heart. Far- 
ther, if the Sirkar Devaswoms and the deities associated with them 
are to be regarded as appertaining exclusively to Government, 
the public can have no right of entry or worship in such temples. 
Yet in 31 T. L.R. p. U3, one who was unreasonably excluded 
from worshipping in a Sirkar temple {the Ambalapuzha temple) 
was allowed to vindicate his right against the Sirkar. I may 
also refer to the decision of Mr, Ramachandra Rao, as District 
Judge of Alleppey, in what Is well known as Vakji Sett’s case 
(O. S. 6 of 1072), upholding the right of a foreign Bania 
merchant domiciled in Travancore to enter a Sirkar temple for 
worship, — a decision the principle of which was affirmed in 
appeal in 14 T. L. R. p* 156 and referred to evidently with 
approval by Mr. Justice Sadasiva Aiyar in 1914 M. W. N- p. 822 
(see page 829). So then to advance a theory as Indicated above,' 

is really to recon without one’s host so far as the rights of the 
public are concerned. 



133 


22. There remain to be considered certain difficulties 
suggested in the questions proposed by the Committee. There 
cannot be a trust without trust property. Whether the Non- 
ezhuthitheerva Devaswoms had any properties being a moot- 
point according to some, how are we to regard the State a 
trustee in respect of such mstitntions? My answer is that those 
Pevaswoms had properties of their own and hence the difficulty 
suggested does not arise. Reference may be made to R. M. Vol 
V pages 208, 243, 268, 270 etc., to prove the existence of 
properties belonging to Non-ezhuthkheeruva Devaswoms. Each 
•of them had at least the garden on which the temple stands to 
call its own. Offerings and gifts of movable properties have also 
to be taken into account- The next question is who constituted 
the Government a trustee or how the Government become a 
trustee. First with regard to the temples founded by the 
Travancore Soverigns, they constituted themselves trustees with 
respect to such. Second}y^tbe trusties and agreements referred 
to in paragraph 10 supra are instruments creating trusts and their 
acceptance constituted the Sirkar a trustee in respect of the temples 
included in their scope. Thirdly — the law says that person hold- 
ing a fiduciary character becomes a trustee by assuming such to 
act as such, though he was not regularly appointed as a trustee 
(Soar Versus Ashwell 1893 Q. B, 390). In the case of cited the 
soliciter Ashwell was held to be an express trustee because he had 
received the money in a fiduciary relation and as trustee 
for his clients the trustees under the will of Joseph Soar. 
The principle of Soar Ashwell has been followed in Indian 
Courts (Vide 31 Bom. 427 and 37 Mad. 373). The Sirkar, as 
representing the Melkoima, was bound to protect the Devaswoms 
and so in 987 M E toolr over the direct management of some 
Devaswoms. By that step it has undoubtedly become a trustee 
with regard to the pagodas so assumed. Even if Government 
•had originally nothing to do with these trusts, the interference in 



134 


Munro's time and the subsequent conduct of Government show 
the acceptance of the trust by Government. Vtde 18 T. L. R. 
134 The next difHculty brought up relates to the position of the 
tenants of Sirkar Devaswom lands and the hardship to which 
they will be exposed jf the trust-theory prevails* Their position 
is already fixed for them by the highest tribunal in the State and 
arguments admisericordiam should not be allowed to blind us. 
No doubt the State has been indulgent to them at the cost of the 
Devaswoms or of the general tax-paj'er. I am far from suggesting 
that these tenants may be rack-rented or that tbeir tenure should 
continue precarious. Some fair and equitable arrangement safe, 
guarding the interests of the Devaswoms and the tenants has to be 
made by the Slate to meet the difficulty. Finally it is asked how 
the absence of data to trace Devaswom lands to the respective 
Devaswoms, one is justified in fixing ibe obligation of a trustee 
on the Government with respect to each of the Devaswoms, If 
the facts assumed are correct, the State may be considered as 
having got into a labyrinth from which it knows not the way out, 
The position may be quite bewildering but if the State was a 
trustee before it got into the confounded situation, I fail to see- 
how it can plead the confusion brought about by itself in enlarge- 
ment of Its own rights or how the trustee may develop into a full 
proprietor. An argument based on the exclusion of Sirkar 
Devaswom lands from the category of Jenmom land as defined 
in Regulation V of 1071, may be noticed in this connection. 
From the said exclusion the inference is drawn that Sirkar Deva- 
swom lands are Pandaravakai lands. Such an inference by no 
means follows. Legislative interference in the mutual relations 
of Jenmis and Kudiyans was calculated to remove certain evils 
which crept into the system of Kanapattom holdings and should 
be viewed as confined to the subjects dealt with. The tenants of 
Sirkar Devaswoms never stood in need of any redress and. 
their bolding are specifically exempted from the regulation. 



135 


Sripandaravagai and Kandukrishi lands are aho so exempted in 
the definition. I ask whether it is possible to argue from such 
■non-inclusion, that Sripandaravakai and Kandukrishi are Panda- 
raragai lands. My colleagues refer to the Proceedings of the 
Cochin Durbar organising the new Devaswom Department in 
that State. The Royal Proclamation dated 39-6-1035 (11-2-1910) 
proceeds on the basis of the Sirkar being “ the owner and 
proprietor* of the incorported and unincorporated Devaswoms 
in the Cochin State and constitutes the endowments attached to 
the said institutions and the incomes derivable from them Into 
a Common Trust. The properties and endowments of the 
incorporated Devaswoms in Cochin are said to have been 
^‘annexed by the Slate” and therefore the Proclamation directs 
their "restoration” to the respective Devaswoms. It also lays 
■down the procedure to be followed in cases where the Cochin 
Swkar “acquires absolute ownership over any Devaswom” by 
■escheat, voluntary stirrender or other means. The annexation 
mentioned above refers to what Col. Munro did with respect 
’to the Devaswoms in the Cochin State. Evidently the Cochin 
Darbar did not view it as an act of confiscation. The “resto- 
ration” of the properties implies that the prope'rties were all 
along being regarded as appertaining to the Deities but were in 
the custody of the Slate for administrative purposes. What then 
is meant by the absolute ownership and proprietorship claimed by 
the State is difficult to undertand. I am equally at a loss to 
undrstand how on the extinction of the line of the trustees, the 
law of escheat would confer an absolute title on the State to the 
Dev’aswom lands. The basis of the claim in cases of surrender 
seems to be the doctrine put forth by the Cochin Special Officer, 
Mr. C. Atchulha Menon, in bis report on the administration of 
the Devaswom Department. That officer in striving against the 
prevailing impression in Cochin that the State was a trustee with 
xespect to the Devaswoms under its control, has started a new 



136 


theory, that in case of surrender by trustees, since the Sovereign 
represents the beneficiaries, the trust is extinguished and the 
properties become State properties. The fallacy in this argu- 
ment is quite patent. If the proposition that as soon as trust- 
properties come into the possession of one representing the bene- 
ficiaries, they are purged of the trust, be a correct one, one fails 
to see why the trustees themselves may not claim the properties 
as their owni for they represent the beneficiaries m an eminent 
degree. Secondly the owners of the Devaswom properties are 
the deities and the trustees have nothing to surrender but the 
right of management. Granting that the Sovereign is a repres- 
entative of the subjects, in the case of a Public Hindu Eeligious 
Trust, the beneficiaries are only the Hindu community in the 
State and probably outside it, but not his other subjects. So on 
a surrender, the Sovereign accepts the properties not on behalf 
of the entire State, There is no justification to treat such as 
State property. Any further examination of the Special officer’s 
theory is needless to prove its nnsoundness and with all respect 
to the Royal Proclamation I decline to accept it as a guide on 
the subject under discussion, 

23. With respect to unincorporated Devaswoms such as 
the Thuravur temple and the pagodas taken up by Governmant 
under the Hindu Religious Endowment Regulation, my colleagues 
agree that the position of Government is that of a trustee. 
Hence that branch of the subject need not be pursued further, 

THE OBLIGATION OF THE STATE TO 
MAINTAIN THE DEVASWOMS. 

21. Intimate association with the civil power has always 
been an advantage to raligion and dissociation a blow to religion. 
This is the view of Dr. Dollingei. But Pope Gregory VII laid 
down that temporal autnority had its origin in the instigation of 



137 


the devil and drew the conclusion that spiritual authority was of 
necessity its master and director (see Bishop Weldons' contribu- 
tion referred to above). Thus in the connection between the 
church and the State each considers Itself indispensable for the 
welfare of the other. But what about the relation of the 
Devasvvoms and the State in Travancore? Assumption of 
management by the State has benefited the Devaswoms in so for 
as it has closed the possibility of improper alienation, unjustfiable 
debts and other channels tending to criple the resources of the 
Devaswoms. On the other hand Slate interference has stunted 
the development of these institutions and the management itself 
has degenerated into a machanical concern where under the 
benumbing operation of departmental officialism the scope for 
popular participation is steadily narrowed and the interest of the 
beneficiaries is regarded as but dust in the balance. Again 
contrary to all expectations, the interests of the Devaswoms have 
proved not quite safe in the keeping of the State since we see 
that lands belonging to these Institutions have been steadily 
-vanishing with a corresponding increase in the extent of Sirkar 
lands. For instance the Thavanamudakkom account for the 
Agastiswaram taluk for 1060 gives the extent of Devaswom lands 
in that taluk as 38,377 paras and 6 7/J6 eds. while according to 
the recent settlement statisticst the extent of the same is only^ 
14,461 paras and 8 eds. (R. R,). In the Southern Division 17,000 
acres of Devaswom lands have dwindled to 6,000 acres after the 
recent settlement, as per the computation made by the late 
Mr. Mahadev Aiyar. I do not Impute any wilful intention on the 
part of the Slate to encroach or on the Devaswom properties. 
A good deed is explicable in the light of the bungling ways of the 
"Land Revenue agency. From of old, when rights of a tenant 
lapsed to the Slate as in the case of escheat, Chakudy or Pokudy, 
the Revenue Department v'as in the habit of registering the 
lands concerned as Pandarapattom, ignoring the rights of the 



138 


Devaswoms and other Jenmies till the illegal practice was disconti* 
nued in the case of escheated lands, by Government notification 
No. 8177 of 1063. There are also instances in which Devaswom 
lands let out on Nadupattom tenure by Government, pending the 
settlement of disputes between rival claimants, have ultimately 
been registered as Pandarapatlom. Enfranchisement of Viruthy 
properties and Puduval registrations have also ended in trans- 
ferring much of Devaswom properties to the category of Sirkar 
Pattern lands. The extract from the Thirattu of 996 (R. M. Vol. 
V. p 326 ti &eq\ discloses that Devaswom properties have been 
grouped with Kandukrlsht property as well. If a tenant defaulted 
to produce his title deeds for inspection by the Revenue Officers, 
the enquiring officer used to be instructed to treat such lands as 
Pandaravagai. To what extent the Devaswoms have suffered 
or how for their little deeds have been obscured under such 
arbitrary ways of the Revenue Department is quite impossible to 
ascertain. The extent of Devaswom lands taken over by Col. 
Munro in £87 is said to be 62,000 gardens and 5,48,000 paras or 
63,500 acres of paddy fields. This does not include Cherikal 
lands. The temple authorities by purposely withholding- infor- 
mation called for by Col. Munro, managed to keep back much pro- 
perty which was subsequently hunted out and taken into the pos- 
session of the State. To these should be added Sanketham lands 
brought under taxation for the first time in 993 and the lands of 
temples subsequently put on the list of incorporated and unincor- 
porated Devaswoms such as the Chahswaram temple, Kaviyur 
temple, Pachlma Bhagavathy temple &c. The yield from the gar- 
dens and the fields taken up by Col. Munro amounted to 4 laksh 
of rupees which was nearly one-third of the total revenue of the 
State at that period. This does not include offerings, Adiyara 
fees, interest on loans and other sundry items, all of which together 
fetched about Rs. 50,000 to the State. On the whole the State is 
said to have gained a lakh and a half rupees by the arrangements 



139 


of Col. Munro. Up to 1050 M.E, the State had clearly a 
balance of Devaswom funds in hand after meeting all expenses 
on their account (A, R. for 1048 and 1049). According to that 
Report, the annua) income from Devaswom Jands then stood at 
Rs, 4,30,000. Shortly afterwards a general Revenue Settlement 
was commenced and there was every reason to believe that the 
Devaswom land Revenue would go up much higher with the 
completion of that ardous task. Yet what do we find? By 
G‘ O. 9033 L. R. and F. dated 9th August 1913 (25-12-1088) 
T>evaswom land revenue is fixed, though provisionally, at 
Rs. 3,85,601.22*0. This was the culmination of the action taken by 
Sir P. Rajagopalachari, about with reference was already made; 
The result strikes one as a financial legerdemain and no wonder 
it has drawn forth the condemnation of experienced Revenue 
Officers, officers like the late Chief Secretary Mr. R. Mahadeva 
Iyer, By a modest calculation Mr. Ramachandra Rao seeks 
to show that the income from the Devaswom properties may 
be taken to be nearly Rs. 80,000 and 18 lakhs of paras 
of paddy, yearly. (R. R.) As may be seen from what was said 
above, while the general State Revenue is seen rising after each 
Revenue Settlement, the Devaswom land revenue alone seems to 
make a steady progress toward? the vaitishing*point» Devaswom 
lands and Sirkar lands being treated alike for purposes of revised 
assessment at these Settlements# we can explain the phenomenon 
only by predicating a gradual shrinkage in the extent of Deva- 
swom lands. A goodly portion of such lands must have got 
disguised as Sirkar lands. A keen observer like Sir Rajagopalachari 
could not have failed to notice the anomaly. Hence Government 
explains it as follows: “A large extent of the Sirkar Devaswom 
lands was also treated as Pandaravagai owing to mistake or 
misconception*’ (R M. Vol. IV p 774k If so, I ask whether it is 
•not dangerous to allow the figure Rs. 3,85,601 22*0 to stant as it 
•is, which in course of time, when its bearings fade away, may be 



conveniently removed from Us setting and quoted against the 
Devaswoms. Again, an account of the accumulated balance 
from 987 m. e. remains to be rendered by the State. The slump 
in the incomes of the Devaswoms brought about by applying the 
Government rate of assessment and comutation to their lands as 
well as loss resulting from the remission of debts due to the 
Devaswoms under the Royal Proclamation dated 11-12-1070, are 
among the other aspects to be considered in this connection. 

25. From the previous paragraph it is evident that trust 
founds have got mixed up with Slate funds that it is difficult to 
separate the two with any approach to accuracy or correctness* 
The Stale is further liable to Devaswoms for the loss and 
detriment brought about by its actions in disregard of its 
position as a trustee. The result is an obligiation on the part 
of the State to maintain the trusts — an obligation the extent 
of which has to be measured not by what is now represented 
as the income from the Devaswoms but by the extent of their 
resources of the State “ Where a trustee mixes trust mbne/ 

with his own money the ecstui que trust has a claim to 

have it restored from the mixed fund in priority to any 
right of the trustee to the fund and can claim the whole fund 
which if the amount is trust money cannot be ascertained” 
(Halsbury’s laws of England Yol. 28 p. 208). Again in 35 Mad. 
p. 712 Mr. Justice Abdur Rahim observes “It is a well established 
rule of equity that if trust money is mixed up with the trustee’s 
private money, then the trust will have a hen on the aggregate 
amounts". See also section 6‘j Indian Trust Act, 6 Calcutta 
p. 70 and Lewin on Trusts 12th Edition page 332. In DuTce of 
Leeds versus, Earl of Amherst. Shadwell V. C. says “the 
general wisdom of mankind has acquiesced in this that the author 
of a mischief is not the party who is to complain of the result of 
it but that he who has done it must submit to have been the 
effect of it to recoil upon himself." The result of blending being 



141 


■such, the observation of ^fr. Sadasiva Aiyar in XXII T. L R. 
that original character of rent undergoes a transformation on 
admixture may be let well alone. What is important and 
relevant is the obligation that fastens on the mixture and on that 
point his Honor is pretty clear his view being that the revenues 
under such conditions should be regarded as available for the 
upkeep of the trust. Thus the entire State Revenue is leavened 
with the trust and there is an obsolute legal obligation on the 
part of the State to maintain the Devaswoms in an efficient 
•condition so long as it is unable to render a Correct account and 
^et a valid discharge of the office it has undertaken. I am sure 
■colleagues will not regard my conclusion evtravagent; for they 
agree in indentical obligation on the State though for different 
reasons. Nor will it he surprising to the State; forever since 
its connection with the Devaswotns It has evinced and uncon- 
ditional willingness to support these institutions with all sources 
at its command. 

2G. When I said in para 13 supra that the grounds on 
■which my colleagues out the obligation of the State towards the 
Devaswoms cannot be depended on, I am only giving expres- 
■sion to my out-look upon the situation before us I am far from 
denying the validity of my colleagues “position or from urging 
that it is indefensible. Every monarchial* country in Europe has 
an established church of its own. In Austria and Russia even 
monsatrics’’ have been allowed to continue in undisturbed posses- 
sion of ineir estates- In Switzerland the Government of the 
Protestant churches was under the Cantonal Magistrates. In 
Spain the Church property is secularised and the church is main- 
tained by the State itself. (The 19th centuar>’ October 
No. 1891). In England after the great fire of London, a rale 


* Some of the facts stated here may be open to correction in mcw cf the 
lapse of time after the application of the treaties I rely upon n this paragidt h. 



142 


was imposed by the Legislature to rebuild St, Pauls's Cathedral. 
“ In more modern time when it has been thought needful the 
assistance of Parliament has been given by a general grant out 
of the public purse.” For eleven years from 1809 to 1820 
Parliament contrtibuted £ 100,000 per year towards the fund, 
called “Queen Anni's boundy.” When the Church Building 
Commission was created by Statute in 1818, Parliament voted a 
million sterling in furtherence of that scheme half a million more 
seven years later. If such .a policy was approved and followed in 
the west, how, is it possible to object to a similar policy in the 
East where religion supplies the vitalising force for every human 
transaction? In the case of Travancore, we see the State itself has 
been dedicated to a Hindu deity and emphasis was laid on that 
step even so recently as in the regime of Messrs* V* P. Madhava 
Rao and S. Gopalachari, by both of the said Dewans. In spite 
of all recent criticism much of which is of the forcible*feeble kind, 
It is difficult to treat the act of His Highness iMaha Raja Mar. 
thanda Varma as if it were quite meaningless. Not even the 
newest of the nesv machiavellians says Lord Morley “denies that 
a State is bound by some moral obligation." Further protection 
of existing interest being one of the main functionsof the Statet 
it will be strange indeed, if in the gush for reform and progress, 
the Devaswoms come to be left out, in the cold I pass to another 
aspect of the matter. From what was said already, it is clear that 
the State itself is the founders of some of these temples, while with 
respect to some others, it has come to occupy the position of the- 
founders. Though the founder of a religious institution is power^ 
less to altar or curtail the trust created by him there is nothing to 
prevent him from augmenting the resources of the trust* If he 
chooses to do so. In the case of a State, it becomes a question 
of prestige, when the foundations created by it languish from the 
inadequacy of the trust funds. Then as Sir. P. Rajagopalachari 



143 


puts It, His Highness the Maharajah “has an undoubted right” to 
■supplement the resources of the Devaswoms from the public 
revenues 

THE SEPARATION OF THE DEVASWOM FROM THE 
LAND REVENUE DEPARTMENT 

27 I wish to add a few words on the second question 
referred to the Committee Originally the Revenue Department 
■was practically synonjmous nith the cn il service of the Stale, 
The Tabsjldars of old, more especially his orototype the Karnkar 
appears to have been a peculiar official organism made up of 
various segments possessing several functional activities The 
■general course of his evolution consists m the elimination of the 
■outlyirg segments with the specihsation of those remaining, into 
well marked and efficient working The question before us is 
whether we can conveniently remove yet another segment from 
his structure, namely —the one connected with the Devaswoms 
In all fairness, I admit at the cutest, that the normal constitution 
•of a Hindu State demanas a separate officer and establishment 
to administer the religious institutions under the control of the 
State Devalhushlipathv IS the name given to this 

■officer in the Sukraneety Referring to his qualifictiions the 
work cited lays down that his officer should be mindful of ht« own 
duty in thf* life, aUva>s devoted to religious practices and neve’’ 
yielding lo greed and hankering (Chapter II 327 328 B K« Sircar s 
translation} The great Hindu King Sivaji had a Pandit Rao as 
the head of his religious department (Kincaid and Parasnts) 
In Malabar, from the dajs of the Perumals, rebgious instjtuiions 
■were generally under hierarchic counciN, with a Government of 
there own subject only lo the supervision of the ruling power 
Such supervision in Travancore was being exercised through 
the RevenueDepartment even before the dajs of Col Munro, ns 



144 


was the practice in British India in tne days of the East India 
Company. When that system was swept away as vve have seen, 
in Col. Munro’s regime, and the State winded the scope of its 
functions by assuming the direct control of the Devaswoms, the 
charge of those institutions was entrusted to the Kariahars and 
their superiors We can appreciate such an arrangement, if we 
bear in mind the economical management of nhich the State 
then stood in painful need, the prior relations of the Revenue 
agency to the religious institutions, the importance attached to 
the affairs regarding them and the influence wedded by the 
Kariakars as the chief functionaries m the administration. Since* 
then experiments were made for example in 1005 and 1063 by 
the appointment of other agencies, to divorce the Devaswoms 
from the Land Revenue Department, but with little success. 
Now the question is again raised to solve the problem presented 
by two movements; one started by caste-Hindus for the better 
management of the Devaswoms and the other set on foot by non- 
Hindus and noncaste Hindus for the removal of civic disabilities 
The currents of the two movements though dissimilar in their aims 
and character, agree in the remedy suggested: that is to say, the 
separation of the Devaswoms from the Land Revenue Depart- 
ment. Whether the step proposed is the correct remedy, and 
whether there is any grievance to be remedied at all, are question 
with which the Committee is not concerned The short question 
referred to us is the “feasibility of the measure”, Therefore we 
need consider only the difficulties, if any, that stand in the way of 
the separation of the two Departments When this question was 
brought up for discussion in the Sree Mulam Popular Assembly^ 
Dewan Mr. S Gopalachari said “from tradition prestige and 
authority the Revenue Department seems best fitted to manage 
the Devaswoms ” Tn other words be said that the Devaswoms- 
would only be the worse for dissociation from the Land Revenue 
Department. Had this opinion been well founded, it would not 



have been difficult to oppose the proposed separation For 
in view of the pre-exisiting obligations of the State, there 
would have been little justihcatton for any measure con- 
straining the Hindu deities to beat a retreat, when subsequent 
claims however unimpeachable, are advanced for recogni- 
tion by the State. But the Hindus themselves express dis- 
approval of the existing system, and it is difficult to under-rate 
its force. So this ground alleged by Mr. S. Gopalachari 
fails. The same Dewan and his successor were disinclined to 
accept the proposal on financial grounds also. That is not an 
entirely weightless consideration Before the assumption of 
management by Government these Institutions were generally 
under honorary managers. Col. Munro himself was averse to 
add an item of expenditure on account of the management, and 
therefore placed the Devaswoms under the control of the 
Revenue Department* If the State is prepared on a settlement 
of accounts to hand over the Devaswoms to those Interested in 
them, non-official bodies may be found willing to manage these 
institutions without any remuneration. Such a course is not quite 
convenient for the Slate to adopt. We have also to bear in mind 
the usual rule that a trustee is not allowed anything for his own 
trouble (Lewin) p 787). These considerations coupled with a 
reluctance to spend public money on the Devaswoms might have 
weighed with the said Dewans when they expressed themselves 
to be not in favour of the proposed severance of the two depart- 
ments* But the condition of these institutions should out.weigh 
such considerations. The policy of tinkering and retrenchment, 
under the guise of revision of Palhivus. inaugurated by Sir 
P. Rajagopalachari, is not only unjustifi ible but quite inadequate 
to root out the evils that have grown up in the system. A sepa- 
ration of the Devaswoms and the organisaiian of a new Depart- 
ment for them remain to be tried before the public press for ineir 
total dissociation from Government control. As to funds, I think 



146 


they have to come mainly from the Land Revenue Department, 
since a portion of the work assigned to that Department is being 
taken away. For that, re-arrangement of the Revenue Divisions, 
Taluks and Pakuthies seems necessary. I know of no other 
difficulty in the way of separating the two Departments With 
these remarks I agree to the separation proposed by my 
colleagues. 

On the other questions referred to us, I am in entire 
accord with the views of my colleagues. ^ 

P K. NARAYANA PILLAI. 



PROCEEDINGS OF THE GOVERNMENT OF 
HIS HIGHNESS THE MRRR. RAJA OF TRAVANC9RE. 


Read again:— , 

(1) G. O. No. D. 4905, dated the Z5th October 1912, 
on the reorganisation of Dewaswoms. 

Read also: — 

(2) Representations made at the Second Session of the 
Sri Mulam Popular Assembly by Messrs. A. D. Arumanayagom 
B A., B.L., (South Travancore Native Christian Association, 
Nagetcoil), S. Padmanabha Pillai iKarunagapalli Taluk), and 
T. C. Cheriyan (Travancore and Cochin Christian Association, 
Kottayam), re the desirability of separating Devaswoms from the 
administration of the Land Revenue Department and the 
Dewan’s reply thereto. 

(3) Representations made at the Third Session of the 
Sri Mulam Popular Assembly by Messrs- R, Narayana P»)lai 
(Ettumanur Taluk), C. P. Thomas 13. a-, l. T., (Travancore and 
Cochm Christian Association, Koiiayam), Varkey John (Travan- 
core and Cochin Catholic Association, Kottayam), C. G. Idichan- 
dy BA, Bar-at-la\v (Mavelikara Taluk), and K. G. Sesha Aiyar 
B.A- B.L , (Central Association, Trivandrum), on the same subject 
and the Dewan's reply thereto. 

(4) Representations made at the Fourth Sesssion of 
the Sri Mulam Popular Assemby by Mr. C. Mathew (Karligipalli 
Taluk), on the same subject and the Dewan’s reply thereto. 

(5) Representations made at the Fourth Session of the 
Sri Mulam Popular Assembly by Mr. D. Govinda PiUai (Kottara- 
kara Taluk), re the need for making special arrangements for the 



148 


management of Dsvaswom properties and the Dewan’s reply 
thereto. 


(6) Representations made at the Fifth Session of the 
Sri Mulam Popular Assembly by Thomas Mathai (Travancore 
and Cochin Christian Association, Kottayam), re the desirability 
of separating Devaswoms from the administration of the land 
Revenue Department and the Dewan's reply thereto. 

(7) Representations made at the Sixth Session of the 
Sri Mulam Popular Assembly by Messrs. A. Haribara Iyer (Chira- 
yinkil taluk.) K. Krishnan Pandalai B. a., p. L., (Quilon taluk', 
and R. Padmanabha Pillai (Kunnathur taluk), re the desirability 
of keeping a separate account of the income and expenditure of 
the several Devaswoms in the Slate and the Dewan’s reply thereto, 

(8) Representations made at the Seventh Session of the 
Sri Mulam Popular Assemply by Mr. Earavithayar Pandarathil 
(Jenmi Member, Quilon Division), on the same subject and the 
Dewan’s reply thereto. 

(9) Representations made at the Eighth Session of 
the Sri Mulam Popular Assembly by Mr. V. Subrahmanyan 
Muthathu (T. I. C. Thiravalla), re the management of Sirkar 
Devaswoms and the Dewan’s reply thereto. 

(10) Representations made at the Ninth Session of 
the Sri Mulam Popular Assembly by Mr. G, Vepkatarama Aiyac 
(T. I. C. Vaikom), re certain defects m the Devaswom reforms 
and the Dewan’s reply thereto 

(11) Representations made at the Nmeth Session of 
the Sri Mulam Popular Assembly by Mr. K* M. Siv.athanu Pillai 
(Thovala Taluk) re the desirability of handing over to the people 
the management of Sirkar Devaswoms and the Dewan’s reply 
thereto. 



149 


(12) Represenladons made at the Tenth Session of 
the Sri Mulam Popular Assembly by Mr. Vasudevan Damodaran 
Nambudiri (Nominatedl, r« certain defects in the G. O. on the 
Te-organisation of the Devaswom Department and the Pewan’s 
reply thereto. 

( 1 3) Representations made at the Twelth Session oi the 
Sri Mulam Popular Assembly by Mr. R. Raman Pillai (Ettu- 
manur taluk), re the management of Devaswoms and the Dewan’s 
reply thereto. 

(14) Representations made at the Thirteenth Sessison 
of the Sri Mulam Popular Assembly by Mr. C. P. Thomas b.a. l t. 
(Nominated), cr\ the need for the employment of Christians in 
the L and Revenue Department and the Dewan's reply thereto. 

(15) Representation made at the Fourteenth Session 
of the Sri Mulam Popular Assembly hy Mr. Ousep Avira Tarakan 
(Nominated) re the need for separating the Devaswoms from 
the administration of the Land Revenue Department and the 
Dewan’s reply thereto. 

(16) Representions made at the Fifteenth Session of 
the Sri Mulam Popular Assembly by Mr. Devan Vasudevan 
Nambiadiri (Jenmi, Koltayam Division), « the need for separat. 
ing Devaswoms from the administration of the Land Revenue 
Department and the Dewan’s reply thereto. 

(17J Representations made at the Fifteenth Sessison 
of the Sri Mulam Popular Assembly by Mr* Trivikrama Vasu- 
devar (Jenmi, Padmanabhapuram Division), offering certain 
suggestions for the management of Devaswoms and the Dewan’s 
reply thereto. 

(18) Representations made at the Fifteeth Session of 
the Sri Mulam Popular Assembly by Mr. Eapen Geevargeese 



150 


(Mavelikara taluk) and fifteen other Members, re the need for 
throwing open the Land Revenue Service to all classes of His 
Highness the Maha Raja’s subjects and the Dewan’s reply thereto. 

(19) Representations made on the Sixteenth Session of 
the Sri Mulam Popular Assembly by Mr, K* K. Thomas b.a.,b Li 
Member (Nominated) and the other members on the same subject 
and the Dewan’s reply thereto. 

(20) Representations made by a deputation of the 
Travancore Civic Rights League on the 28th February, 1920 and 
the Dewan's reply thereto. 

(21) The Memorandum on the separation of Deva- 
Bwomsand Oottupuras from the control of the Land Revenue 
Department forwarded by Mr. Krishnan Aiyangar b.a., b l., now 
Dewan Peishkar, Trivandrum, on the 3rd June, 1919, at the 
instance of Government. 

The question of separating the administration of Sirbar 
Devaswoms and Oottupuras from the control of Land Revenue 
Department has been engaging the earnest consideration of the 
Government of His Highness the Maha Raja for some time 
past, Under the combined system of Land Revenue and Deva> 
sworn administration which now in force and the origin of 
which is traceable to a remote past, the non-Hindu and non-caste 
Hindu subjects of His Highness the i\faha Raja are at a dis- 
advantage, in that they cannot be entertained in the higher grades 
of the Land Revenue Department. Though the number of posts 
in that Department which are actually closed to non-Hindus and 
non-caste Hindus is only about dO, it is urged that those posts 
have to be judged not by their numerical character, but by their 
relative importance. The claims of all classes of His Highness’ 
subjects, irrespective of cast or creed, to equal opportunities in 
the public service, have all along been recognised by the State 



151 


and the liberal policy pursued by the Government in this respect 
has received increased emphasis in recent years* Nevertheless, 
the reservation of the appointments in the Land Revenue 
Department referred to above ior caste-Hindus has been regarded 
as a grievance by the communities which are excluded from those 
appointments. At the Second Session of the Sri Mulam Popular 
Assembly, a Christian Member requested that the Sirkar Deva« 
swoms might be separated from the land Revenue Department, 
and since then the question has, from time to time, been brought 
to the prominent attention of Government of several Sessions 
of the Assembly by the members of the communities adversely 
affected by the existing arrangement. A deputation of the 
Travancore Civic Rights League waited upon the Dewan with 
a representation on this subject on the 28th February, 1920. 
Equally note-worthy is the fact that the desire for the manage- 
ment of Sirkar Hindu religions and charitable institutions from 
the Land Revenue Deparement is not confined to non*Hindus 
and non-caste Hindus. Representatives of the caste-Hindu 
subjects of His Highness the Maba Raja have also urged the need 
for such separation m the belief that the projected measure 
would ensure a better administration of the religious and chari- 
table institutions concerned. 

2. The policy of the Government has been one^of the uni- 
form sympathy with the legirimate aspirations of the^.non-Hindu 
and non-caste Hindu subjects of His Highness the Maha*Raja in 
this respect. Government have also felt that, under the present 
arrangement, the Peishkars and the Tahsildars, with their multi- 
farious duties, are not ordinarily able to pay undivided attention 
to the administration of Devaswoms. As early as 1063 M.E., 
the Tahsildars were tentatively divested of the supervision of 
Devaswoms and Oottupuras, and four Kariakars, one for each 
Division, were appointed for the direct management of rhose 



152 


institutions in subordination to the Peisbkars. This Scheme^ 
however, did not work well, and it was abandoned towards the 
close of that year. The separation of Devaswoms and Oottu- 
puras from the control of the Land Revenue Department was 
advocated by the late Mr. Ramachandra Rao in his report on 
those institutions, but the Government, on financial and other 
considerations, did not accept his recommendation at the time. 
iVidfi G.O. No. D* 4905* dated the 25th October 1912, read above.) 
Towards the close of 1094 M. E., Mr. N. Krishna Aiyengar? 
now Dewan Peishkar, Trivandrum, was directed to prepare a 
scheme for the separation of Devaswoms from the control of the 
Land Revenue Department, and that officer submitted a report 
proposing the formation of a separate Department for the 
administration of Devaswoms and Oottupuras. This scheme was 
not immediately taken up for consideration, as it was only 
roughly prepared and stood in need of further elaboration. 

ORDER THEREON, No. D. 952 
DATED TRIVANDRUM, 3rd APRIL. 1920. 

The Government of His Highness the MahaRaja consider 
that the time has now arrived for examining minutely the 
position of the State in regard to Sirkar Devaswoms, for review- 
ing in detail the pronouncements made from lime to time on this 
vexed question, for declaring the policy that should be adopted 
by Govecument in respect of their adtalaistcation, and for devis- 
ing a scheme for the supervision and management of Sirkar 
Devaswoms and Oottupurrs which will directly have the effect 
of a more efficient management and supervision of those institu- 
tions, while at the same time removing the long-standing grievance 
of the non-Hindu and non-cdste Hindu subjects of His Highness 
in the matter of their exclusion from the higher grades of the Land 
Revenue Department, The argument that the Tahsildars of the 
Land Revenue Department are required for the administration 



153 


of Pevaswoms will hold good only as long as it is net in 
contemplation to create a superior class of officers, of equal status 
and prestigq to supervise the affairs of those institutions. \Vhile 
the administrative problems connected with the subject demand 
careful consideration, the question of maintaining the essential 
features of the constitution of the State with special reference to the 
ceremonies at the Capital also calls for anxious attention. To 
consider these and connected questions. Government resolve to 
appoint a Committee consisting of officials and non-officials, 
Hindus and non-Hindus, as detailed below ; — 

Ofllc/a/ Members. 

(!) Mr* K Anantanarayana Ayiar, b. a., b. l., 

Dewan Peishkar, Koltayam. (President) 

f2) Mr. R. Krishna Pillai, B a., b. l., 

Dewan Peisl^kar» Quilo^ 

(3) Mr. John Kutien, B. a., b«c. E, 

Executive Engineer, Ahvaye. 

Non-O/f/cIa/ Members. 

(0 Mr. P. K. Natayana Filial, B. A., B, L.. 

* High Court Vakil, Kottayam. 

(2) Mr. J. JohnNidiri, B a., B. L., 

I^igh Court Vakil, Kottayam» and Member, 

* Travancore Legislative Council* 

The Committe? will report on the following specific 
points : — 

(1) What is the position of the Travancore Govern- 
ment in regard to Sirkar Devaswoms? Is it that of a trustee 
merely, or one involving greater responsibility, seeing that the 
Peyaswom Land Revenue was long ago merged in the Generaj 



154 


Land Revenue, beyond any possibility of separation ? Does 
not this complete merger render the State liable to maintain 
the Dsvaswoms concerned, out of the public exchequer, in an 
efficient condition for all time ? 

(2) Is it not feasible to separate the administration of 
of Sirkar Devaswoms and Oottuouras from the control of the 
Land Revenue Department, consistently with arrangements to 
safeguard the efficient management of those institutions and to 
ensure the maintenance of the constitution of the State, especially 
with reference to the ceremonies at the Capital ? If it is feasible, 
what is the best moans of effecting the separation ? 

(3) If the separation may be effected, is the staff 
suggested in Mr. Krishna Atyangar's memorandum, sufficient to 
administer the affairs of the institutions concctned satisfactorily? 
Of is it necessary to create any fresh class of officers with better 
status, and to invest any of the superior officers of the new 
Department with magisterial or other powers so far as they are 
necessary for the efficient management of the institutions ? 

(4) What will be the financial effect of the scheme? 
Is it feasible to make any saving in the expenditure now incurred 
on the Land Revenue Department, consequent on the formation 
of the new Devas\yom Department, and, -if so, to whai extent? 

(5) What is the speohc arrangement that should be 
made for the execution of Msramath works in respect of Sirkar 
Devaswoms and Oottuouras? Is it feasible to detail any portion 
of the Divison Maramath staff for that work ? 

The head-quarters cf the Committee will be KoUayam. 
The Committee should immediately arrange for a preliminary 
meeting being held and their programme of work settled. The 
president is requested to submit proposals for his office staff. 
A oeriod of there months is allowed for the deliberations o£ 



155 


the CommUtee, and it is expected that their report will reach 
the hands of Government before the 1st Karkadakom, 1095. The 
non-official members of the Committee will be eligible for 
mileage at the rate of chuckrams (14) fourteen and daily allow- 
ance at the rate of Rs. (6) five for all journejs that may be 
undertaken by them as Members of the Committee. The official 
members, including the President, will be paid the usual rates of 
travelling allowance for which they are eligible under the 
Service Regulations. The attention of all Heads of Departments 
and Offices is invited to this G- O. and they are requested to 
supply all available information to the Committee on requisition 
from them. 


By order, 

U RAJARAM RAO. 
Chief Secretary to Government, 



QtESTlONS 


1. Define Sirkar Devasxvoms and classify them ? 

2. How many incorpoVaied Sirkar Devaswoms are there? 

3. How many of them come Under the category of 
Ezhuihilheeruva Devaswoms and how many under Non-Ezhuthf- 
theeruva Devaswoms ? 

4. la there any fundamental distinction between Ezhuthi- 
theeruva and Non-Ezhuththeeruva Devaswoms ? If so what 
is it ? 

5. Is fhe assumption that the NomExhuthitheeruva 
Devaswoms had Ho endowments belonging to them at the time 
of their incorporation, correct? 

6. What is the extent of the lands owned by the 
Ezhutbitheeruva Devaswoms and what is the revenue accruing 
therefrom ? 

7. Is it possible to identify the lands belonging to each 
incorporated Devaswoms ? 

8. Under what circumstances were the Devaswoms 
assumed by the Slate dunng the administration of Col. Munro ? 

9. What is the exact scops and significance of the 
assumption? Did the State tbereb> become a trustee of these 
Devaswoms or did that step amount to an act of confiscation on 
the part of the State ? Did it affect the rights of the Devaswoms 
concerned to the lands taken over by the State ? Can you throw 
light on the terms and conditions of the said assumption by 
reference to any available documentary evidence? 



10. Have Ihere not been bates of assumption o 
Devaswoms by the State prior and subsequent io Col. ilunrd’s 
ad/ninistration ? 

11; Do the various Devaswom’s assumed at different 
periods Stand on the same fooling so far as their relalioH to the 
state is concerned ? If not, in what respects do they differ ? 

12. If the State is a trustee, does the position hold 
good in respect of each Devaswom ? 

13. Inasmuch as the State apparently paid no attenlioh 
to specifically appropriate or keep separate the incomes of each 
of the Devaswoms either at or subsequent to, their assumption 
and seeing that the properties cannot now be traced specifically 
to each institution, is it possible to establish that the State is 
trustee in respect of any particular institution ? 

14. If the State cannot be treated as a trustee with 
regard to each Devaswom, would it be correct to maintain that 
the State is a trustee for all the Devaswoms collectively, the trust 
properties being viewed 'as the properties of the Devaswoms 
taken In aggregate ? 

is. NV’faat are the rights and liabilities of the holders of 
Sirkar Devaswom lands ? 

16. How have they been viewed and recognised by the 

State ? 

17. Were these lands ever treated differently from 
ordinary Sirkar lands ? 

18. Is the attitude on the part of Government in this 
respect in keeping with the theory of trust ? 

19. ' If the theory of tVnst is accepted, by whom w‘as the 



158 


State constituted a trustee or is the State in the position of a 
trustee De-son-foril 

20. If the position of the State with reference to the 
Devaswoms is different from that of a trustee, what is it exactly 
and what are the rights and duties incidental to such position? 

21. Was the assumption of the Devaswoms by the State 
made in the exercise of its Sovereign powers ? 

22. Is the position of the Devaswoms with regard to the 
State analogous to that of the established church in England ? 

23 In any view of the relation between the State and 
the Devaswomsi is not the Slate bound to maintain the Deva- 
swoms efficiently out of the State Revenue, in view of the 
obligation undertaken at the time of their assumption ? 

S14. Even apart from the obligation referred to adove, is 
not this State in virtue of its constitution as a Hindu State, 
bound to maintain these institutions ? 

25. What is the bearing of the Thripadidanom of 925 
M. E., on the constitution of the State ? 

26. Is it absolutely impossible to separate the Devaswom 
Revenue from the General Revenue? 

27. Do the Oottupuras and Devaswoms stand on the 
same footing as regards the obligation of the State to maintain 
them ? 


28. Does the management of the Devaswoms and 
Oottupuras under Government control stand in need of improve- 
ment ? -If so, 'in what directions 7 

29. What measures would you suggest to make the 
management of these institutions efficient and satisfactory? 



159 


30. Will the organisation of a separate department be 
conducive to the achievement of the object in view? 

31» What are the duties ro be entrusted to the Depart- 
ment to be organished ? 

32. Is it feasible or desirable to transfer the administra- 
tion of the Devaswom Land "Revenue (including collection) to 
the new Department ? 

33. Will not such an arrangement necessitate a duplica- 
tion of tne collecting agency ? 

Is such a step necessary ? 

35. Is it financially sound? If so, will the arrangement 
be efficient from the standpoint of the Devaswoms? 

36. If the ssoaration of the Devaswom Department is 
necessary, what staff would be required ? 

37. If you consider the management of Devaswoms by 
Tahsildar-Magisiratcs requires improvement, do you think that 
an officer of higher «tatus and prestige would be able to do the 
same work better ? 

38. Whit po'veri should be conferred on the new stall? 

39. Is It necessary or desirable to confer magisterial 
powers on any officers of the new Department ? 

40. If so, on Nvhat class of officers and what power 
should they be allowed to exercise? 

41. How should the supervision of the religious services 
conducted at State expense outside the Stale be provided for? 

42. What will be the financial efTect of the scheme ? 



160 

43* Do you expect by organising a new Department to 
derive advantages proportionate to the additional expenditure ? 

^14. What is the extent of saving that could be effected 
jn the Land Revenue Department by the transfer? 

45. Is it possible consistently with efficiency to reduce 
the Revenue Divisions of the State from 5 to 4 by amalgamating 
the Trivandrum and Padmanabhapuram Divisions jnto one ? Is 
there no room for further retrenchment? If so, in what directions? 

46. What will be the saving effected by such amalgama- 
tion ? 

47. What arrangements should be made for the execution 
of the Maramat works connected with Devaswoms? 

45. What is the existing Maramat staff? 

49. Is it feasible to transfer a portion of the staff to the 
new Department? 

50. If so, what portion? 

51. What steps can be taken to secure architectural 
purity of design in the construction, reconstruction, renovation 
and repair of temples? 



STATEMENT OF THE CASE. 


1. Before the year 987 M. E*, there^ were many 

Devaswoms which were v^hoily or partly under State controK 
Some of them had been founded and endowed by the State^ 
some, with their undowments, were assumed along with con. 
quered territories and some others were acquired under treaty 
rights. There were also Devaswoms under the managament of 
Ooralers to which the State was making contributions by way 
of offerings- The total expenditure in connection with these 
Devaswoms was before 987 E., about Rs. 2 to i lakhs. It is 

not possible to know now what exactly was the income from 
the Devaswoms under Slate control* 

2. About the year 987 M. E., Col. Monro was the Dewan 
Resident of Travancore. He found that the Devaswoms 
in the State were being neglected, the rents were not properly 
collected, the Pujas and other ceremonies were not regularly 
performed, and that the temple buildings were in a slate of 
disrepair. He therefore directed their assumption in 987 M. E., 
and entrusted the administration of their affairs to the Land 
Revenue Department. The number of the Devaswoms so 
assumed along with the number already under State control 
was 1567. The Colonel also appointed a Committee of officials 
and non-officials to revise the scale of expenditure for all these 
Devaswoms. The Committee fixed a scale for 1 U7 Devaswoms 
and they omitted 96 from the list. According to the abstract 
statement of accounts for the State for the year 987 M. E , the 
income of all these Devasw'oms amounted to 15,80,000 parahs of 
paddy and about Rs. 50,000 in cash {A parah is equivalent to 
8 Madras Measures.) 



162 


3. The income from the Devaswoms was subsequently 
incorporated with the general revenues of the State, In succes- 
sive Settlements a good portion of Devaswora lands were treated 
as Pandaravaga (Ayan lands) and registered in the name of 
holders (who, it may be observed, belong to different classes) 
with the result that large portions of the Devaswom lands have 
now become incapable of identidcation and separation. Even 
so early as 10^8 i. e., about siifty yejirs after assumption, Dewan 
Sir Sesbiah Sastri in his Administration Report for 1048-1049 m.e- 
said that the State was a trustee with reference to the Devaswoms 
and when he was asked by the British Government whether the 
Devaswom Revenue could not be separated from the general 
revenue he replied “There is no objection, of course, if it could 
be done, but inasmuch as the collections from the Devaswom 
lands are treated like and mixed uo with the collections from non- 
Devaswom lands, the former could not be shown apart from 
the latter". He also added, “Moreover, the lands adverted to in 
para 243 of my report, do not form all the Devaswom lands 
assumed by the Sirkar." Fifty years have elapsed since then 
and the difficulty, if anything has been considerably enhanced 
by the current Settlement. 

4. With a view to place the management of the 
Devaswoms and Oottupucas (feeding houses) on more satis- 
factory basis and to have scale of expenditure with reference to 
them revised, Mr. M. K. Ramachandra Rao, a Puisne Judge of 
the High Court, was deputed by Government in 1907 to investi- 
gate the conditions of the above mentioned institutions and 
submit a report. He submitted a report in 1908 on which 
proceedings were duly passed by Government on the 25th 
October 1912. The conclusion which the Government arrived 
at was to separate as far as possible the Devaswom lands from 
Pandaravaga lands and thus separate the Devaswom revenue 



163 


-from the general revenues. The conclution may be stated in 
Sir P. Rajagopalachari’s own words. He said in the proceedings 
“The Government would, however mention, that it is not now 
their intention to make any change, either in the tenure or in the 
assessment of the Devaswom lands- They recognise that the 
settlement of the Devaswom lands already made, cannot be 
disturbed for the balance of the Settlement period. But when 
the next settlement is taken up it will be the duty of Government 
so to regulate it in regard to the Devaswom lands that the 
Devaswon.s should get the full revenue due to them. The 
Government will bear in mind that their position in regard to 
Devaswom lands is fundamentally different from their position 
in regard to Sirkar lands.” In pursuance of the above proceedings 
Devaswom lands were attempted to be identified and the revenue 
from such lands as have been identified now amounts to about 
A lakhs of rupees. 

5. The above proceedings did not satisfy many com. 
mnnities. Caste Hindus alone are allowed to enter into and 
worship in the temples. Likewise for obvious reasons caste 
Hindus alone are drafted into the service of the Land Revenue 
Department. They complain that all the lands have not been 
and could not be traced or identified. Again, while the income 
from the Devaswoms was about 16 lakhs of parahs of paddy 
which, if commuted at the calculated average for the last 17 
years viz., 14 as. per parah, will come to about 14 lakhs of rupees, 
the income now found is only about 4 lakhs. The other com- 
munities complain that while the Government admit only an 
income of about 4 lakhs the expenditure has risen up to 15 lakhs 
of rupees 

6. If the above proceedings are duly given effect to they 
ate likely to operate to the detriment of all classes of His Htph- 
ness’s subjects holding Devaswom lands. These lands were treat 
ed by Government as Sirkar lands, the subjects considered them as 



16 ^ 

heritable and alienable and the assessment was in accordance- 
with the rates in vogue for Strkar lands* 

7. Subsequent to the passing of the above proceedings 
tbe controversy between caste Hindus and other communities 
has become more acute and both the parties have been pressing in 
the Popular Assembly for the separation of the Devaswoms from 
the Land Revenue Department. The caste Hindus complain 
that the income from the Devaswoms is more than enough for 
their maintenance and the Government are appropriating the 
surplus for their own use. They also say that the Land Revenue 
Officers are not owing to tbeir heavy and multifarious duties, in 
a position to attend to the management of the Devaswoms 
properly. The other communities, on the other hand, contend:— 

(U that the Devaswoms are now being unnecessarily > 
maintained out of State funds and therefore their 
exoenditure «hould be cut short ; 

(2) that Ezhavas and other communities should be 
allowed the right of entry and worship in these 
temples as they arc maintained wholly or partly 
out of State funds; and 

(3) that they are denied equality of civic rights 
in an important branch of the State service by 
being denied admission into the Land Revenue 
Department. 

8. With a view to take the necessary action in the matter, 
a Committee consisting of officials and non-officials — Hindus and 
Christians — was appointed in ID3Q with directions to report Oh: — 

(1) the relations between the State and the iJeva- 
swoms, and 

(2) whether it is not feasifile to separate the admini- 
stration of the Devaswoms from ihe Land Revenue 
Department. 



9. The Committee has unanimously reported that the 
administration of the Devaswoms may be separated from the 
Land Revenue Department and that the same may be placed 
under a separate new department. 

10* With regard to the relation between State and 
Devaswoms the Committee is unanimously of opinion;— 

(1) that the Devaswoms were not confiscated by 
Colonel Munro ; 

(2) that the object' of assumption was the better 
management of the institutions ; and 

(3) that by the merger of the Devaswom revenues 
with those of the State, the Government have 
incurred an obligation to maintain them efficiently 
for all time to come. 

11* The members of the Committee differ, however m 
one respect* The majority hold that the State is the Sovereign 
proprietor of the Devaswoms and therefore accountable to none 
and that the State is under an absolute obligation to maintain 
the Devaswoms in an efficient condition. The dissenting member 
is of opinion that the assumoiion was only of the management, 
that the State has in consequence constituted itself a trustee, that 
the State is under a legal obligation to maintain the Devaswoms, 
and that, as the trustee has mixed up the trust property with 
his own, the expenditure in connection with the Devaswoms is a 
valid charge upon the general revenues of the State. 

12. The dissenting member bases his conclusions mainly 
upon the following grounds: — 

(1) Colonel Munro assumed the administration of the 
Devaswoms only with a view to their better 
management. (Vide the translation of the communi- 
cations of Col. Munro in 987 hereto appended}. 



166 


(2) That the assumption was in exercise of the Melkoima 
right vested in the Sovereign. 

(3) His intention was to keep separate such properties, 
as he called for an inventory of the movables and. 
immovables, and as the revenue of the Devaswoms 
was separately mentioned in the State Ayacut 
accounts. 

(4) The abstract accounts for 996 show that lands 
were newly purchased for the assumed Devaswoms 
from the Devaswom funds. 

(5) Even in the current settlement the distinction 
between Devaswom and Pandaravaga (Sirkar) 
lands has been kept up. 

(6) The Pandarapattom lands (Ryotwari) were origin- 
ally resumable at will. They were enfranchised 
by a Royal Proclamation of 1040 and a permanent, 
heritable, and transferable right was conferred upon 
the holders of such lands. This Proclamation 
was held not to apply to Devaswom Pattern lands. 
The Travancore High Court has held that this 
Proclamation does not apply to Devaswom lands as 
they were trust property in the hands of the 
State (Vide 15 T. L. R. 184, 22 T. L. R. 54, and 
6 T. L. J. 339) 

(7) Successive Dewans have admitted that the State 
is a trusiee, and Mr. Ramachandra Rao also is of the 
same opinion. 

13. The majority, however, think that the Sovereign 
is not a trustee. Their grounds are as follows :• 

(1) The order of assumption does not impose any 
condition of trust. 



(2) The Devaswoms under the management of Oora- 
lers were very rich. The vast accumulation of 
property under their control made them a very 

' powerful factor in the State. The assumption 
was therefore an act intended to do away with 
their power as otherwise they would have made 
the Sovereign power a mere shadow and a name. 

Bi) This may appear to be inconsistent with their finding . 
in para 10 (2) and with the express finding that there 
was no confiscation- Perhaps they mean that though 
the avowed object was the better management of 
Devaswoms, the real motive of Colonel Munro was 
to put downthe power of the Ooralers. 

(3) There are many institutions assumed by Col. 
Munro which had no property of their own and 
without trust property a trust cannot be constituted* 

(4) The attitude of Government towards the Deva* 
swoms does not show that the expenditure in 
connection with the same was made to depend 
on the income derivable from them. 

f5,) In certain cases where the State wished to be a 
trustee, e. g., Pattazhi and Thuravoor Devaswoms, 
assumed since 937 the accounts have been separate. 
With regard to the Devaswoms in question income 
has been incorporated with the general revenues 
of the State, thus showing that their intention 
was otherwise. 

(61 The reported cases of the Travancore High Court 
which hold that the State is only a trustee are not 
of much use as the question at issue now did not 



168 

really arise in these cases and the views expressed- 
are only obiter. 

(7) The Devaswom properties have, in spite of the 
observations of the High Court, been treated as 
Pandaravaga properties, the tenants of the former 
being allowed the same privileges as those of the 
latter and the principle of assessment is the same 
with reference to both the classes of properties. 

(8) With regard to the Devaswoms in Cochin assum- 
ed by: Col. Munro under similar circumstances 
and contemporaneously the Cochin Government 
have declared that they are the proprietors of the 
Devaswoms. 

14. As has been already pointed out the Committee is 
unanimously of opinion that there is an obUsaiion upon the 
State to maintain the Devaswoms efficiently and that the 
Devaswoms may be placed under the control of a new depart- 
ment, the Land Revenue Department being relieved of such 
duty. When an obligation is admitted, it may be, that even if 
the Sovereign be a trustee, the subject may not have a right to 
enforce the trust against him as He being “ The fountain of 
justice may be expected to do justice 

15. It has anyhow become necessary! — 

(1) to disabuse the public of the impression that the 
Devaswoms are being maintained out of State funds; 

(2) to recognise the obligation of Government to 
maintain the Devaswoms efficiently ; 

l3) to announce that effectwill not be given to the 
Proceedings of Government of 1912 and that 
the Devaswom lands will in future be treated as 
Pandaravaga lands; and 



169 


(4) to . provide that the State shall not be held 
accountable to its subjects with reference to the 
administration of these Devaswoms. 

16, It is intended that the above points may be made 
clear by a Royal Proclamation to be issued by His Highness the 
Maharaja. There is no doubt a Legislative Council in the State* 
But as the obligation to maintain Devaswoms has to be solemnly 
recognised by the Sovereign himself, it is only in the fitness of 
things that the declaration should proceed from the same quarter. 
A draft of the proposed Proclamation is appended. The question 
referred for opinion whether the draft is all right or whether it 
requires any modifications and if so what. 



1 1 KesaVa Perumal 
Satnma^hi Street, 
Mylaporei Madras. 


Dear Sir, 

I arrived here on Thursday (17th) morning. I saw the 
Advocate General Yesterday. As he could not find time yester- 
day I went to hitn again this morning. We bad a discussion over 
the matter. He thinks that the State having taken up the 
management of the Devaswoms and appropriated their income 
■without accounting to any body it owes a duty to these Deva- 
swoms to say definitely in the Proclamation what percentage of 
the revenues will be allotted for their expenditure, his open to 
the Government to fix any percentage but some percentage should 
be fixed. The advantages of fixing a limit are according to him 
the following: — 

(1) A Legislative Council on democratic lines having 
been constituted and matters relating to Devaswoms having been 
taken away from the cognisance of the council it is open to the 
Government to allot any amount out of the revenue to the 
Devaswom and the Council cannot question the same. This is 
not fair to the Council. 

(2) The Government are empowered to revise the scale 
of expenditure and there is nothing that could prevent them from 
increasing or reducing the scale of expenditure In the former 
case it will meet whh the disapproval of the communities not 
benefited by the temples and in the latter case the caste Hindus* 
In any event it is likely to dissatisfy some sections of His High- 
ness’s subjects. 

(3) When the right of civil suit is to be taken away 
from the subjects by the Proclamation there. should be some 



171 


guarantee that a definite sum vyil! be spent on Devaswoms au4 
this amount should not like the Chancellor’s Government, he left 
to vary and to be arbiirarily inlerferred with by the Government 
of the time. 

(4) As far as possible the declaration of the obligationr 
intended to be made by Government should correspond with 
what a Court of law would decree in the case of a private trust. 
If a trustee mixes up the income of the trust along with his and 
when questioned about it by a Court says that then alone he will 
manage the trust efficiently out of bis Estate the Courf will not b& 
satisfied with such an offer but would insist upon a definite 
amount being allotted. In a shlemnact of the Sovereign viz., a 
Proclamation it is not desirable that their should be anything 
which, if allowed to be tested in a Court of law, would be likely 
to be found unreasonable. 

He Is therefore of opinion that we should fir some 
proportion of the income taking into consideration the proportion 
which the Devaswom income owe to the total revenue or to the 
land revenue in 957 or the average percentage of expenditure 
fora certain number of years. "While the discretion of the Gov- 
ernment to spend the amount may be unfettered all parties con- 
cerned should have an idea as to what it is that will be speht 
towards the Devaswoms. 

I know your view is that the Government should have a 
discretion to spend any amount they like to revise the scale of 
expenditure in any way they like and that the expenditure 
towards Devaswoms that cease to exist should be curtailed. I 
placed these points before him. He thinks that it is only fair that 
the expenditure \vitli reference to a Devaswom that has become 
obaolutc should be curtailed. He does not agree to the other points. 

To my mind there seems to be considerable force in the 
-argument. We are trying to rectify a mistake that was done fay 



172 


mixing up the State properties with those of the Devaswoms, 
Though in Cochin under the orders of Co). Munro the Deva- 
swoms were^ assumed by the State yet, as a matter of fact, 
the income has been kept separate and the accounts have 
kept separate. We have not done so. There is no doubt that 
Government were in the wrong. After having made the 
propecties impossible of identification is it fair to say that we will 
manage the institutions in the best way we can and those who are 
benefitted by the Devaswoms should accept our pious wishes and 
be satisfied? The Proclamation marks a new Era in the history 
of the Devaswoms and it is only just that we should make the 
position of the Devaswom clear. In view of the communal fight 
that is going on every where what guarantee is there that the 
Government will not be forced, in time to come, to yield to the 
will of the majority of the people and reduce the scale of 
expenditure to a nominal amount. To my mind there could be 
absolutely no objection to our definitely that not less than or not 
more than a certain percentage of the revenue will be spent on 
account of the Devaswoms. The figure may be determined later 
on after calling for the necessary information and we may fix any 
minimum. If the above proposal is acceptable to you I shall 
have the draft revised accordingly. I shall thank you to wire to 
me on Monday. 

I will see the official assignee on Monday next and enquire 
how the matters of the Law Printing House stand and what 
action we should take to realise our money. 

Yours Faithfully, 

(Sd.) V. Subbaiyer. 


P.S. 

Mr. C. P. Ramaswamy Aiyar, has promised to discuss the 
matter again tomorrow and then record his opinion. The draft 



173 


Proclamation is not likely to be acceptable to the caste Hindus in 
view of Mr.' T. K. Velu Pillai’s open letter and the articles in the 
newspapers. The amount of expenditure may be varied by the 
Executive and there is no right of suit. These two provisions 
are likely to be commented upon adversely. If we fix the pro- 
portion it is likely to satify them. The other communities won’t 
object in view of the fact that the Devaswomsare to be separated 
from the Land Revenue Department and the latter thrown open 
to all communities. 


OPINION. 

The question that has been propounded to me is dependent 
for its solution on the constitutional and legal aspects of the 
draft Proclamation proposed to be issued by His Highness the 
Maharaja, Apart from what are styled the Melkoima rights 
appurtaining to sovereignty in Malabar and Travancore, there 
does not seem to be room for doubt that the Hindu sovereign was 
not entitled to resume to himself or confiscate property dedicated for 
public, religious or charitable purposes. It is needless to dwell on 
this matter at any length because from the very nature of the 
topic the authorities are vague and merely enunciate maxims of 
imperfect sanction. Neither in regard to private property as such 
nor a fortiori in regard to trust property did the ancient Hindu 
Krugs exercise any tight of tesumptlon or corvflscatlorv though, it 
appears from a passage in Koutilya that an ultimate privilege 
was recognised enabling a King in actual and dire need to utilise 
movables belonging to endowments. (Vide Koutilya’s Arthasas- 
thra, Bk. Ill, ch. 2 v. 242). 

Turning now to the Melkoima rights, the decision of the 
Judicial Committee of the .Privy Council in 18 Madrasi p. 1? 
practically adopted in its entirety the judgment of Mr. Justice 
Muthuswami Iyer and Mr. Justice Best in 14 Madras 153* In the 
latter judgment, both the conflicting theories about the scope and 



174 


extent of the Melkoima right have been discussed* It is rnanifest 
that though, as observed by Mr. Justice Best in 12 Bombay 
260, the Rajahs regarded as a heinous offence the appropriation 
to secular purposes of an estate dedicated to pious uses, yet the 
State in its executive and judicial capacities intervened in dealing 
with fraud and waste in regard to religious endowments. The 
analoguous rights of the Kajah of Tanjore are hinted at in a case 
reported in 5 Madras High Court Reports at page 53* As stated 
in the judgment in 14 Madras, one of the theories of the Melkoima 
right is that it is a right of superintendence and an incident of 
sovereignty ^ro tanio. I do not think that either on the materials 
before me or in the cases to be found in the India Reports nor 
even in the dicta in the text books is there any foundation for 
any jurisdiction exercisable by the Hindu Sovereign of resumption 
perpetuo. Of course, in the present case, the assumption was not 
under any statute though a Regulation of 1079 legalised such 
assumption. Whether technically, the Bevaswom Separation 
Committee’s opinion at page II of their Report is correct or 
otherwise as to the Trusteeship of the State, I cannot agree with 
them that the Institutions passed unconditionally to the hands of 
the Sircar nor do I understand the exact meaning of the expres- 
sion Sovereign Proprietor used by the Committee. 1 am inclined 
to agree with the Minority Report on this matter (Vide, pp. 54 & 
55). But as the Committee observe, the point is academical in 
view to the considerations summarised at the page 12 of 
the Report. 

I am not here dealing with such direct Ads of the State as 
occurred in the reign of Henry VIII in England whereby at the 
dissolution of the monasteries and eccleciastical houses, their 
properties were transferred to the Grown. It may be obrerved 
that such transfer was confirmed by Statute (Vide, 27 Henry Vflf, 
ch. 28, sec. 2; (1535 A.D.l; and also 31 Henry Vlll, ch. 13, sec 2 
(1539 A. D which provided that the King should hold, possess 



175 


aftd enjoy tlieir possessions in as large and ample manner and 
-form as the religious houses bad held them and tkat grants by the 
King s Patent of any bf the^ands of the Monasteries, etc. and 
-other hereditaments should be good and effectual against the 
King and bis successors without any other license or dispensation. 
The analogy bet,ween such an Act of Slate as ^ as initiated by 
Henry VIII and what happened in Travancore is very remote » 
but as happened on various occasions in England so also does it 
appear to have happened in Travancore that in 987 M. E, the 
State intervened for the purpose of preventing mismanagement 
and took charge of the trust properties avowedly for carrying out 
the purpose of the Endowments. The circumstance that some 
temples had no properties is not decisive by any means. Even 
under English law, there is no question that a Sovereign may be 
a trustee so far as regards the capacity to take the estate as much 
and to execute the trust. The difficulty that arose in England in 
such cases was really^ the manner and the scope of the enforce* 
ment of the liability of the Sovereign as Trustee. In Lewin on 
Trusts, 12th Edn. at page 29, the position is thus described. “The 
right of the cestui que trust is sufficiently clear, but the difficulty 
lies in the remedy”. The subject’s remedy was only an appeal 
to the Sovereign by presenting a Petition of Right. In Perry on 
Trusts, Vol. I, para 40, the doctrine is thus enunciated: “ There is 
a difficulty in every country in executing judgments and decrees of 
a court against a Sovereign power of the country for the arms of 
equity arc very short against the prerogative (citing Hardwick 
page 467). The subject may have a clear right but no remedy 
either in law or equity against the Crown. The manner in which 
such difficulties have been surmounted in practice in England is 
by seeing to it that if trust property vests by escheat or otherwise 
in the Cro\vn> the King grants it to Trustees for the purpose of 
executing the Trust. It is unnecessary to do more than to refer 
to the Statutes by which such a process takes place (Vide 39 & 40 
George III, ch. 88; and 4 and 5 William IV, ch. 23) and to 



176 


indicate the control of the Ooart of Chancery which was later on 
affirmed (Vide, H Vic. ch. 60.) 

The first position therefore at which I arrived i« that the 
exercise of the Melkoima right was at no time intended to effect 
not did it effect a confiscatory resumption of the Devaswoms, but 
it must be *aken that what happened in 987 M- E- was really the 
assumption of the Trusteeship or superintendence of these Deva- 
swoms by the State which, in this matter, purported to exercise the 
traditional rights of Hindu Sovereigns in general and of Malabar 
Sovereigns in particular. The next question is how to face the 
situation that has arisen owing to the absorption in the general re> 
venues of the Devaswom Properties and income and the treatment 
of theproperty of the Devaswoms as Pandaravagai lands. Accord- 
ing to the equity doctrine, if a person who undertakes (as the State 
in this case explicitly or tmpHedly did undertake) to keep the 
property of anothar distinct hut mixes it with his own, the whole 
must, both at law and equity be taken to be the property of the 
other until the former puls the subject jn such circumstances that 
it may be distinguished as satisfactorily as it may have been 
before the unauthorised mixture on his part {Vide, Lupton vs. 

White, 15 Vesey Senior, p. 432, per Lord Chancellor Eldon; 28 
Halsbury, p. 20S para 416; and 1903, U Chancery, p, 356)' 

In the language employed in Lewin on Trusts* page 1152, 
though the identical pieces of trust money mixed with the trustee’s 
money cannot be ascertained, yet as there is so much belonging 
to the trust in the general heap, the cestui que trust in entitled to 
take so much out. Under the Indian Trust Act which, no doubt, 
is not strictly applicable to public, religious or charitable trusts, 
the doctrine is laid down in a modified form and section 66 of 
the Trusts Act (Act II of 1882) provides that where the trustee 
wrongfully mmgles the trust property with his own, the beneficiary 
is entitled to aJeharge on the whole fund for the amount due to him. 



In solving this problem, the motive for the mixing up of trust and 
•other funds is immaterial and it is not a condition precedent to 
the application of the doctrine that the object must have been 
‘wrongful" in the moral sense. 


If this principle is borne in mind, it seems to me that the 
Proclamation needs modification. In the fir«t place, the state- 
ment as to the income derived at the time of the assumption is» 
in view to the inevitably modified circumstances of the present 
day, not decisive of any of the matters for determination. 
The only use I would advocate should be made of that circuir- 
stances is to ascertain what relation or proportion that income 
bore to the total Land Revenues of the State at the time of 
assumption. If it is recognised that the original Devaswom pro- 
perties have become incapable of identification and separation 
and if, moreover, it is clear that the conversion intoPandaravagai 
tenure of all lands is the most feasible course to be adopted 
from the point of view of the occupiers and ryots, the only logical 
outcome of these theories is that it is the function and the duty 
of the State to set apart for the upkeep of the Devaswoms that 
proportion of the total Land Revenue which the Devaswom pro- 
perties, according to the calculations at the time of the assumption 
bore to the aggregate Land Revenue at that time. It is needles? 
to say that there may be considerations which would lead to the 
fixation of a dilTerent proportion. All that I desire to urge is that 
some proportion should be arrived at. To adopt such a course 
has firstly the advantage of putting the De\aswoms and their 
.ights on an understandable and definable legal basisf the Sove- 
reign frankly accepting the trusteeship and endeavouring as best 
he can under present circumstances, to effect a separation of 
trust property from other properties without prejudicially affect- 
ing the tenure of ryots and introducing an element of uncertainty 
In the matter of their title. The Proclamation as drafted merely 
iays down the duty and obligation of the Government to 



178 


administer theDcvaswomsin accordance with usage and eihciency— 
The drawbacks of these proposals are as follows’.— 

(1) The State constitutes itself, if I may use that 
phrase, judge in its own cause. 

(2) There is no certainty or definiteness in the matter 
of the revenue to which the Devaswoms can look 
forward from year’s end to year’s end. 

(3) The relations between the Devaswoms and the 
State can he classed under no definite legal category. 

(4) The Civil Courts will be precluded in many ways 
from adjudging as to the efficient management of 
the Devaswoms. 

(5) It is left solely to executive discretion to allocate 
monies for Devaswom purposes and to revise 
schedules from time to time. 

This means. In the ■first place, that the Devaswoms would 
have no remedy if their wants are under-estlmated ; but even this 
objection does not seem to me so formidable as the next which 
I may formulate thus: I take it that the State of Travancoreis 
embarking on a constitutional experiment akin to that inaugurat- 
ed in British India. The annual Budget of the State is to be 
laid before representatives of the people sitting in Council. The 
procedure contemplated by the Proclamation would not only 
negative any right on the part of the Legislative Council to 
discuss the Devaswom allotments but only a truncated control 
over expenditure can be constitutionally exercised if there is an 
indefinite and indefinable charge on the revenues whose extent 
may vary in theory from year to year and whose details are 
beyond the scrutiny of the Council* 

In view to all these considerations. I think the objects that 
the Durbar has set before itself will be best attained by allocating 



179 


:si fixed proportion of the Land Kev enue of the State to Devaswom 
purposes. Such a course would be consistent with the expressed 
intentions of the Durbar as to the benefits to be conferred on the 
subjects of , the State by the conversion of all lands into the 
Pandaravagai tenure and would be further consistent with the 
ideas expressed in the documents before me as to recruitment into 
the Revenue Department Of course, it will be noticed that this 
will not interfere with the organisation of the Devaswom Depart- 
ment or the other matters referred to in Paragraph 5 of the draft 
Proclamation. 


(Sd.) C. P. Ramaswami Aiyar, 
Advocate-General. 
20-11-1921. 



OFFICE NOTE ON THE ADVOCATE GENERAL’S 
OPINION, 


The draft Proclamation drawn up as per the report of the 
Devaswom Separation Committee with the connected papers- 
baving been referred to the Advocate General, Madras. Mr. C. P. 
Ramaswamy Aiyar, has agreed with the minority report and 
recorded the following opinion with special reference to legal and 
constitutional aspects of the Proclamation and has forwarded 
draft of another Proclamation. Apart from the Melkoima, a 
Hindu Sovereign has no right to confiscate properties dedicated 
for public, religious or charitable purposes. Melkoima rights 
extend only to interference for purposes of preventing ftaud and 
waste. The exercise of the Melkoima rights by Government 
was at no time intended to effect nor did it effect a confiscatory 
resumption of the Devaswoms. What happened in 987 was really 
the assumption of their trusteeship or superintendence. According 
to the doctrine of equity, if a person who undertakes to keep the 
property of another distinct, mixes ifc with his own, the whole 
must be taken to be the property of the other until the subject is 
put in such circumstances that it may be distinguished as satis- 
factorily as it may have been before the unauthorised mixture. 
Hence, as the Devaswom income has been absorbed in the general 
revenues and the properties treated as Pandaravagai with no 
possibility of identifying or separating them, it is the duly of the 
State to set apart for the upkeep of the Devaswoms that portion 
of the total Land Revenue which the Devaswom properties 
according to the calculations at the time of the assumption bore 
to the aggregate Land Revenue at that time. It is needless to 
say that there may be considerations which would lead to the 
fixation of a different proportion. It is therefore urged that some 
proportion should be arrived at. 



18t 


The foUowintt calculations are made to ascertain that ihjs 
-proportion ought to be: — 

Annexes X and Y are statements showing the expenditure 
under “ 19 Devaswoms" and “ 20 State Charities" for the last 
five years The expenditure under Japadakshina in annex Y 
scientifically falls under item'“Devaswoms.” Hence, for the 
purpose of arriving at the correct Devaswom expenditure, this 
item in “50 State Charities" has been included therein. Owing 
to high prices the expenditure m 1095 as found in annexes X and 
Y may be taken to be typical except for the years during which the 
Murajapom ceremonies have to be performed, Basing calculation 
on the figures of 1095 for the future, the following may be taken 
as showing the amounts required under various items of expendi- 
ture connected with the Devaswoms. 

1. Major and Minor Devaswoms 12,00,000 

if. Grants to private temples .... 50,000 

3. Sripandaravaga .... 2,55,000 

A. Extra-ordmaty' expenditure .... 25,000 

The expenditure on Maramath in annex X is 
taken from ihe Administration Report for the 
last five >ears. It includes the expenditure for 
Palaces also. A separate statement prepared by the 
P. W. Section for Devaswom Maramat alone is put 
up as annex, P. This does not include the esta- 
blishment charges for which the Devaswom sepa- 
ration committee has set apart, after calculation* 
Rs. 19,044 per annum against a total grant of 
Rs. 2,95,000. 


5. Maramath works 


3,50,000 



184 


'2. For 'the four ceremonies of Utsavam and Bhadra- 
■ dcepam in the Padmanabhaswarni temple* 

, , 3. For Maramath works in the temple buildings, Kalasam 

ceremonies, &c. 

4. Easwaraseva. 

The total expenditure on this account was Rs. 2,74,800 or 
Rs. 2,75,000 in round figures, the Pathivu for the above being 
considerably more. 

The origin of this expenditure has not been investigated 
either by the late Mr. Ramachandra Eao or by the Devaswom 
Separation Committee. But the expenditure might have been 
incurred by virtue of its being a Hindu State from the grain 
share in excess of the rates sanctioned by Sastras (iV, I, or 
according to the quality of the soil) collected as land revenue. 
In this connection, Baden Powell in his land system in British 
India (Vol. I — p. 265~1892 Edn.) while discussing the ancient 
authorities regarding the King’s share in the produce of lands- 
refers to the division thus:- 

“ Half including straw to the cultivator and the remaining 
half was made into three shares, one of which went to 
the King, one to the over-lord or the proprietor of the- 
village, and one to Priests and religious classes; but 
the latter the King also took on the plea that he- 
supported the priests.” 

The Thrippadidanam dedication has only accentuated the 
Hindu character of the State. As the bulk of this contribution 
was in paddy and as the commutation rate has increased from 5 
chs. fixed in that year to 6 times, the original ccntribution may, 
with propriety, be put down as the present day value of the- 
contribution. Nevertheless, the original sum alone is included in 
the calculation 



185 


Item No. III. Perpetual Annuity on account of unspent 
balance of Devaswom Funds with Government • 
tn the past years. 

The task of finding oat the profit which the State derived 
by the assumption of Devaswoms and their properties is adiffi- 
:ult matter. It is attemptfed in Annex. C. This Annex, shows 
that up to 1052, the Devaswom was the creditor and that only 
recently when the merger of the Devaswom with the State 
Revenue has become complete has it become a 'debtor. The 
earlier figures have therefore been taken as representing the 
correct state of the accounts. The Thirattus from 937 to 991 E, 
F, G, H and J show that the Maramath expenditure on account 
of Devaswoms has been included in the Devaswom expenditure 
in the earlier years. The profit to the State in the earlier years' 
\7as never less than one and a half lakhs of rupees. The 
Sirkarwas deriving this profit for 110 years. Against these, 
Mr. Ramachandra Rao has put down such profit at a lakh of rupees 
a year for a century. And this figure is accepted in this note. 
■\Vorked at compound interest this profit is sufficient to give a 
perpetual annuity of Rs. 12,80,290 (vide Annex. D). A^, however 
compound interest was not contemplated at the time of ihe 
assumption, it may be unfair to the general tax payer to charge it 
at present* Hence 3 pec cent, interest on the capital gained viz ^ 
a crore of rupees, or 3 lakhs of rupees yearly, is taken as the value 
•of this claim. 

Item No. IV. Compensation for treating the Devaswom 
Properties as Pandaravagai. 

Mr. Ramachandra Rao has on page 111 of his report on 
Devaswoms calculated that, had the Devaswom lands not been 
improperly mixed up with Sirkar lands in the accounts as per 
general increase brought about by the recent settlement, the 
general excess over the figures for 997 would have given 18 lakhs 



t86 


of paras of paddy and Rs. 80,030. This* when calculated at the- 
rate of one rupee per para which Government is now paying to 
the paddy contractors, works up to Rs. 18,83,0 JO. Besides this, 
Mr. Ramachandra Rao has calculated a loss of Rs. 3,300 for 
Dav.iswoms on account of the enfranchisement of Virulhies and 
Inims Adding this, the revenue to Devaswoms as per the settle 
ment ought to have been Rs, 18,83,300. Of this, Rs, 9,50,000 
have been included in the Devaswom Land Revenue (item No* 1), 
Therefore, the compensation which the State has to pay would 
according to Mr. Ramachandra Rao, come to Rs. 9,33,300 

But the increase by the revision of tax at the Government 
rates is not the fullloss sustained by the Devaswoms on account 
of Devaswom Lands being treated as Pandaravagai. This 
question having been discussed in detail in proceedings of the 
Government regarding the re-organisation of Devaswoms during 
the regime of Sir P Kajagopalachariar, it has been ruled tbat» 
when the next settlement is taken up, it will be the duty of Gov- 
ernment so to regulate It in regard to the Devaswom Lands that 
the Devaswoms should get the full revenue due to them, and that 
the Government would bear in mmd that their position in regard 
to Devaswom Lands is fundamentally different from their position 
in regard to Sirkar lands. The position referred to is the Jenmom 
rights of theDevaswom Lands including the rights for renewal and 
levy of periodical and other dues such as Utsavakoppu, Atta- 
visesham, Ashtabandhakalasara, &c., substantial sources of income 
when the nature of expenditure in Devaswoms are considered — 
which the Devaswom Separation Committee do not recommend to 
re-inforce. The proportion which these and other levies which 
the Devaswoms could have secured if their lands were not treated 
as Pandarapattom would have been twice the rates levied by the 
Sirkar. 60 per cent — addition to the rates of pittom taken as 
Sirkar dues are the rates of pattern of the Jenmies in Kana- 
pattom lands. As the lands of the Devaswoms are mostly 



187 


Venpattom this calculation of double the rales is, none too 
sanguine. (Vide Annex. M.) Calculating at this rate, the income 
from the Devaswom Lands should have been Rs. 37,66.t00' 
Deducting Rs. 9,50,000 on account of the Devaswom Land 
Revenue, the compensation awardable for treating the temple 
lands as Pandaravagai would be Rs. 28,16,600. 

The total of the four items referred to for which alone 
particulars, however meagre, are available comes to Rs. 43,41,600 
as shown below: — 

1. Devaswom L-and Revenue .... Rs. 9,50,000 

2. Contributions by the Sirkar 

to Devaswoms .... „ 2,75,000 

3. Perpetual annuity of unspent 
balance of Devaswom Funds 
with Government in the past 

years .... „ 3,00,000 

4. Compensation for having tre- 

ated Ttemple Lands as Pan- 
daravagai „ £8,16,600 

Total 43,41,600 

This shows the yearly grant of the estimated necessity of 
the proposed Devaswom Department for giving it the bare where- 
withal to keep it going, viz , Rs. 23,00,000 relieves the general 
tax payer of his liability to pay an annual contribution of 
Rs. 20,41,600 ior which also it has claim according to the most 
partial calculation in h«s favour. The fund, ic may be expected, 
^yoald be increased by voluntary contributions (Nadavaravus) 
according to the enthusiasm displayed by the votaries of the 
religion to which these temples belong. Perhaps the sale of super- 
fluous Thiruvabharanams and other movable properties of the 



18S 


Davaswoms as also theJr special funds such as the cash balance oV 
the Ectumanur and Vaikom temples and the sale proceeds of the 
Anjdi trees of the Kaviyur temple and the like may be made lo 
help to increase the fund and place the institutions for the upkeep 
of which It IS intended with proper husbandry beyond destitution* 
The file put up shows that the formation of a fund was advocated 
in the past, but was only allowed to he over because it was con- 
sidered that operation can bi’ given to it only when the Deva- 
swom question is comprehensively tackled. 

In conclusion, it is submitted that it may be necessary to 
declare that of Rs 23,00,000, Rs 9,50,000 is a charge on the 
Land Revenue and Rs 1 3, SO, 000 a charge upon the other general 
revenues of the State m consideration of the profit which the 
State Land Revenue has directly derived from the Devaswom 
lands and the advantages which the general taic payer has 
received from the State connection with the Devaswoms 
respectively* 



180 


MOC. No. 206 0 ] 21 G. B. 


Trivandrum, 

31st December 1921 
2nd January 1922. 


]Mp dear Burkiti, 

Prior to the days of Col. Munro, the British Resident 
^vho was also the Dewan of the State for «ome time, Hindu 
-temples in the State were under private bodies, and, as these 
'bodies were found to mismanage the institutions and allovv the 
temples to go into disrepair. Col. Monro decided in 987 M- E; 
(i811-1812 A. D) that the State should assume control over 
them and accordingly that Darbar assumed the management^ of 
348 Major temples and 1171 Minor temples with all the 
■movable and immovable, belonging to them, Between 98 • 

and 1079 M. E- (1903 A. DO, the date on which the Hindu 
Religious Endowments Regulation was passed, some other 
Devaswoms were similarly assumed with their properties, but 
^here are no accounts to show the extent of the properties of these 
latter institutions and the income derived from them. 

2, Accounts showing separately the income from the 
landed properties of the temples assumed in 987 M* E. in gram 
and in cash for some years from the date of their assumption are 
available, and they show that for the five years commencing 
-986 M. E , the average annual income in the shape of paddy was 
16,06,281 paras and in cash Rs. 60,608. An examination of these 
accounts discloses the further fact that the tendency of this income 
-was to rise year after year- The accounts also show^ that till the 
year 986 M- E the State as a Hindu State was contributing from 
-its own coffers towards the maintenance of most of these temp es 
an annual sum of nearly Rs, 2| lakhs. From 987 M* E.^ onwar 
the State incurred all the expenditure connected with these 
institutions and there was no necessity to show separately the 



190 


contribution it made annually from its own funds. Later onj the 
practice of keeping separate accounts for the income from the 
properties belonging to these institutions gradually ceased and the 
properties themselves in some cases were begun to be shown in 
the public accounts as Sirkar. This process received a further 
impetus at the time of the last Survey and Settlement and many 
of these temple properties were entered in the accounts then 
prepared as Sirkar properties and their tenure was shown a®" 
Pandaravaga, i- c., Sirkar. In the result, it became finally impos- 
sible to completely separate the immovable properties of the- 
temples whose management the State assumed and there was 
practically a complete merger of these properties in those of 
the Sirkar, 

3. The expenditure incurred by the State for the- 
management and maintenance of these temples has of course 
gone on increasing since the days of Co?* Munro owing chiefly to 
the gradual rise in the prices of commodities and the wages for 
services, and the total annual expenditure which fluctuated 
between 5 and 6 lakhs of rupees in the days of Col. Munro has in 
recent years been so.mewhere in the region of Rs. 16 lakhs. Also»- 
the management of these institutions is vested in the Revenue 
Officers of the State, the Revenue service in the State came to 
be confined exclusively to caste Hindus. While the merger of 
the temple properties in those belonging to the Sirkar gave the 
caste Hindus the impression that the State was guilty of spolia_ 
tion of the Temple Funds and was not spending on these temples 
the full income derived o^ derivable from them and their invita- 
bly inefficient management by the Revenue Officers with multi- 
farious other important duties to perform only served to confirm 
this impression, the increasing expenditure incurred by the State 
on account of these temples, the irritating incidence of the tenure 
of the lands still classified in the accounts as temple properties 
and the exclusion of a large section of His Highness’ subjects 



from a coveted department of the State service gave room to a 
-considerable amount of discontent amoung the non-caste Hindus 
The Sree Moolam t*opular Assembly has served to strengthen the 
public agnation in favour of these two opposing contentions. 

4. With a View to remove the grievances on either side, 
the Darbar'inits Proceedings No. D* 952, dated the 3rd April 
1920, appointed a Committee styled the Devaswom Separation 
Committee,” consisting of officials and non-officials, Hindus and 
mon-Hindus, to consider and report on — 

(il the nature of the assumption of these temples 
(Devaswoms), 

(ii) the feasibility of separating the religious and charit- 
able institutions under Sirkar management from 
the control of the Land Revenue Department, and 

(ill) the nature and the cost of the additional staff that 
would have to be employed if the organisation of 
a separate department be deemed desirable* (Vide 
Darbar’s letter No. D» 1503/137 of 20 dated the 
26 ih May 1920). 

The Devaswom Separation Committee's Report, recom- 
mending the separation and the lines on which the same hss to 
be effected has been received and has been under the considera- 
tion of the Darbar for some time past. 

5. The Darbar agreed with the Committee that its rela- 
■tionship with and its minagement of these temples should be 
-placed on a well-defined and legal footing and that the manage- 
-ment should be entrusted to a separate State Department, and 
-the Darbar thought that a i^roclamation should issue from His 
Highness the Maharaja to give effect to its decision. A draft 
Proclamation was accordingly drawn up and was referred with 
the connected papers to Mr. C. P. Ramaswami Aiyar, Advocate- 
-General, Madras, who has favoured the Darbar with his opinion. 



192 


6. I enclose the final draft of the Proclamation as revised 
in conformity with the opinion of the Advocate-General, Madras^ 
The Proclamation purports to legalise the maintenance of the 
Devaswoms in question from a fund called the “ Devasvvom 
Fund ” made up of the following Items: — 

(i) Allotment made in the State Budget every year 
for the said Devaswoms, such allotment not being 
less than forty per cent of the gross annual Land 
Revenue of the State* 

(li) The moneys realised from time to time by the sale 
of movable properties belonging to the said Deva- 
swoms. 

(ui) All voluntary contributions and offerings made by 
devotees. 

(iv) Interest on investments of funds belonging to the 
said Devaswoms. 

(v) All other moneys belonging to the said Devaswoms 
and 

(vi) Any unspent balance out of the allotment mentioned- 
in item 1. 

7. The Proclamation furiher directs that all immovable 
properties belonging to the said Devaswoms and now shown in 
the Revenue accounts as "Devaswomvaga ” shall hereafter for 
all intents and purposes be deemed to be ‘ Pandaravaga ’ and 
dealt with as such. In other words, it declares the intention of 
the Darbar to convert the tenure of all the lands that once be- 
longed to those temples, including those that still continue to be 
shown as such in the public accounts, to ordinary Sirkar or 
Pandaravaga tenure, with the advantages attendant on such 
tenure, the chief of which is the immunity from payment of rent, 
in kind. 



8. It will be seen that the first item that goes to make up 
the Devaswom Fund is the annual contribution by the State of a 
sum not less than forty per cent of its gross annual Land Revenue. 
It will also be seen from clause 7(2) of the Proclamation that the 
cost of the Department created for the supervision of these insti- 
tutions, amounting rough!}' to about i of a lakh, is to be met from 
the General Revenues of the State. 

9. These provisions require a word of explanation : 

It has already been stated that the income from the lands 
belonging to the Devaswoms the control of which was assumed 
in 987 ii. fe, was at that time 16,06,281 Parahs of paddy and 
Rs. 60,608 in cash This income does not include the income 
from properties that belonged to the Devaswoms assumed 
between 987 m. e. and 1079 M. E. Both these sets of institutions' 
£ad also other income of a fiucfuafrng character in the shape of 
offernigs by devotees. It should also be remembered that the 
income from the landed properties already mentioned does not 
exhaust all the claims these institutions possessed over their 
immovable properties. 

The following other claims of these institutions connected 
■with their immovable properties are also undeniable — 

(i) Compensation for the treatment of their lands as 
Pandaravaga both in the past and in the future; 

(ii) Their claims to Cberikal Lands on which shifting 
cultivation used to be carried on once but which 
were either registered as Pandaravaga and Pattahs 
issued at the last Land Revenue Settlement or 
which were included in State Forests during Forest 
Settlements. That the value of this claim, though 



194 


(i.i) 


indefinite, is very substantial is a point that doo^ 
not require to be stressed- 

The claim to increase in revenue doe to extensions 
of cultivation which are the natural concom.tant of 
an increase in population and progress m c.y.hsa- 
tion. I have already pointed out that even tn the 
five years immediately following the assumpt.on the 
income from the landed properties of these temples 
showed a steady rise. This claim, agam. though 
indeterminate in character, is not altogether trivial. 

Administrative reforms from 987 M. E. to lOSl «• E. ( 1905 
^ . , . . in kind and substituting money pay- 

A D.) abolishing ax chackrams or of eleven 

cnents at a ^ been already applied to the 

‘^“T'Shese once deriving a paddy 

■tme i t to point out that this hastsuhiected the 

'ZZom. to considerable pecuniary loss. The present money 
1 Ifthisnaddy income must be gauged by the recent prices 
If p“!ddy. The average INirak (market) rates for the five years 
; ,091 M.E (1915-1916 A. n.) worked out for thirty-one 

■ th- State show that a parah of paddy is now worth at 
ta" t7cas; (or 9 cash less than a Sirkar Rupee,.' As 
, of the expenditure in Devaswoms is in the shape of paddy 
TnTas owing lo the conversion of the paddy rents into money 

, the Devaswoms have to obtain their requirements through 

"I I or° wluld cost them more than this figure to obtain it. 
contractor , contractors to 

'’ n.s htbeen steady at over a Rupee for the last three 

18 therefore be distinctly disadvantageous to th& 
^IILrattbe^esentdayan^ 



195 


«an be secured at a lower rate even in the future. Valued at 
this rate, the 16,06,281 parahs of paddy which the Devaswom 
L.ands were yielding in the shape of rents at the time of their 
•assumption by the Sirkarmust be taken to be worth Rs. 16,00|000 
at least* This, together with Rs. 60,008, the cash revenue which 
the Devaswoms were deriving from their garden lands, etc., at 
the time of their assumption gives a total definite revenue of 
Rs. 16,66,889 from Devaswom properties. To these must be 
added the money equivalent of the indeterminate, but none the 
less valuable, further claims of the Devaswoms on the State 
already alluded to. 

10. The annual expenditure incurred on the upkeep of 
these Devaswoms have averaged Rs. 12 lakhs in recent years 
and that on their maintenance by way of renewals and repairs to 
their buildings and appurtenances about Rs. 3 lakhs. The Darbar 
proposes to add to this a sum of Re. 1 lakh per annum to meet 
unforeseen emergencies and contingencies. These items would 
aggregate Rs. 16 lakhs which is well within the determinate dues 
to the Devaswoms, viz , Rs. 16,66,889 mentioned in the previous 
paragraph. Rs. 16 lakhs represents forty per cent of the present 
total State and Devaswom Land Revenue. Clause 1 of Section 4 
of the Proclamation, it will be observed, states however that the 
allotment to Devaswoms shall be not less than forty per cent of 
the gross revenue. This has been so put in order to leave the 
hands of the State unfettered to make further grants as may be 
rendered necessary by rise in prices or other causes. The right 
of His Highness the Maharaja to make grants when necessary out 
of the general revenues to piovide for the efficient conduct and 
maintenance of Hindu religious institutions has, as I have pointed 
out at the commencement of this letter, been exercised from time 
immemorial and has been specifically reaffirmed in Darbar’s 



194 


indefinite, is very snbstantiai is a point that does, 
not require to be stressed* 

(i,i) The cla.m to increase in revenue due to 

of cultivation tthich are the natural concom.tant 
an increase in populat.on and progress in c.y.hsa- 
tion I have already pointed out that even m the 
five years immediately following the assumption the 
income from the landed properties of these temples 
showed a steady rise. This claim, again, though 
indeterminate in character, is not altogether trivial. 

Administrative reforms from 987 M. E. to 1031 M. E. ( 1905 
in kind and substituting money pay 

Ifpaddy. The average iNirak (market) rates for the five years 
f tool M E (1915-1916 A. D.) worked out for thirty-one 
• .he State show that a parah of paddy is now worth at 
". 27-7 cas; (or 9 cash less than a Sirkar Rupee). As 
1st of the espendituie in Devaswoms is in the shape of paddy 
Id as owing to the conversion of the paddy rents into money 

, .he Devaswoms have to obtain their requirements through 

TonHactors, it would cost them more than this figure to obtain it. 
contractors, supplied by contractors to 

The over a Rupee for the last three 

p,vaswom^s ,, .css than one Sirkar 

id therefore be distinctly disadvantageous to the- 

^rwriiCes^ 



107 


pteaiv.c cfr\c\cncy m management, vipWctp and ma.nlcnarcc, 
I request that >ou\vu\ be so yood as to obtain the appro. al of 
the Madras Government to the Procfamaiion at an early date. 


13. The papers noted at foot arc enclosed. 


(Sd) 


Yonrs sincerely, 
3l-12-’2l. 


1 The Dirbit's Order '\pnoniinK th» Devaswo'n SeptntloQ Com'nlttee. 

2 The Report ol the Deviswom Separtmoti Committee. 

3 Statement of the ct^e referred to Mr. C* P* Ranuswamy Ayiar, 
Advocate General, Madras 

4, Copy of his opinion thereon. 

5 Braft PraclamattOQof the Datbar. 



PRESS COMMUNIQUE 

ON THE DEV&SWOM PROCLAMATION OF 1091. 

Prior to the days of Col. Munro, the Dewan-Rcsident» 
Hindu temples in the State were mostly under the management 
of private bodies called Ooralars or Karakars. As these bodies 
were found to mismanage the institutions committed to their 
charge, Col., Munro decided in 987 M. E- (1811-1812 A. D.) that 
the State should assume control over them, and accordingly the 
Government assumed the management of these temples with 
their properties,! movable and immovable. Col, Munro’s order 
of assumption does not enumerate the Devaswoms, the mange- 
ment of which was assumed by Government; but the Thirattu of 
that year mention 3-18 Major and 1,123 minor Devaswom as 
f those maintained or aided by Government. Subsequent to- 
987 M, E, some mote Devaswoms have similarly been assumed; 
even in ’’their case there are no records to show their exact 
number. In the case of some of the Bevaswoms subsequently- 
assumed, separate accounts of their assets, income and expendi- 
ture have been maintained and these institutions are financially 
autonomous and have each a personal deposit account with 
Government Treasuries. In the case, however, of the remaining. 
Devaswoms, which form the large majority, the income and the 
expenditure have been merged in those of the State and no 
separate accounts of such income and expenditure have been 
maintained except for a few years immediately following the- 
assumption 

2' The income in grain and in cash from the landed 
properties of the Devaswoms assumed in 987 M. E. was according- 
to the accounts of that year, 15,80,491 paras of paddy and 



199 


Ks 53,092/-in cash and their average annual income for the fiive 
year commencing with 987 M. E. was 16,06,281 paras of paddy 
■and Rs. 60,608/-in cash which proves that the tendency of this 
income was to rise year after year* The accounts of 987 M. E* 
further show that up to 986 M* E., the State was contributing from 
the general revenues on annual sum of Rs. 2i lakhs towards the 
■maintenance of temples. The practice of keeping accounts for 
the income derived from the properties belonging to the themples 
gradually ceased and the properties themselves in some cases 
began to be shown in the public occounts as Sirkar Properties. 
Even so early as 10*48 M e , Dewan Seshiah Sastri pointed out that 
It had become difficult to separate Devaswom Lands from those 
of the Sirkar. The process of merger received a further impetus 
during the last survey and settlement, when many of the Temple 
properties were entered in the accounts then prepared, as Sirkar^ 
properties and their tenure was described as Pandaravaga. It has^ 
accordingly become altogether impossible at the present day to 
fully separate from the Sirkar lands the lands that originally 
belonged to the temple. 

3. As stated in the foregoing paragraph, the income of 
16,06,281 paras of paddy and Rs. 60,608/- in cash of the Deva- 
■s’voms assumed in 967 does not include the income from the 
properties belonging to Dsvaswoms assumed subsequently. Both 
these sets of institutions had also other fluctuating income in 
the shape of offerings from devotees. Further the income in 
paddy and cash already mentioned does not exhaust the claims of 
these institutions over Iheir properties. The following are 
•examples of further claims: — 

(1) The claim of the Dsvaswoms over their Cherikal 
' Lands on ivhich shifting cultivation used to be car- 

ried on formerly but which were subsequently either 



202 


that position in regard to Davaswom lands is fundamentally 
different from their position in regard to the Sirkar lands.** In 
pursuance of this order of Government Devaswom lands were 
attempted to the identified and the Revenue derived from them 
tseparated from the Sirkar Land Revenue. The attempt at a 
complete identification of the Devaswom lands failed for reasons 
already set forth and in G. O. No. D. 952, dated 3-4-1920, 
Government appointed a mixed committee of Hindus and non- 
Hindus to consider and report upon the exact character of the 
assumption of these Devaswoms, the feasibility of separating 
their administration from the Land Revenue Department and 
the nature and cost of the additional staff that might be necessary 
if the organisation of a separate Department be deemed desirable. 
The Committee have, in their valuable report recommended that 
the administration of the Devaswoms should be separated from 
the Land Revenue Department and entrusted to a distinct 
agency and that, as the work of the Land Revenue Department 
would be curtailed thereby, a portion of the funds necessary for 
the formation of the new department should be found by reduc- 
ing its strength. With regard to the relationship that subsists 
between the State and the Devaswoms, the Committee is 
unanimously of the opinion that the Devaswoms were not con- 
fiscated by Col. Munro, but that the object aimed at by him was 
their better management and maintenance, and that the Govern- 
ment have incurred an obligation to maintain tne Devaswoms 
efficiently for all time to come. The members of tne Committee 
differ however in one respect* While the tnaj only h jlds that the 
State being a Sovereign Proprietor is legally accountable to none 
for their management, the dissenting member is of the opinion 
that the assumption extended only to management, thereby 
constituting the State a trustee of the Devaswoms and that, as 
he 3 itehas mixji up the trust p'operty with Us o vi, the entirn 
expenditure in connection with the Devaswoms, however largei 



203 


-IS a legitimate charge upon its general Revenues. The Govern- 
ment of His Highness the Maharaja have taken the necessary 
legal opinion and have come to the conclusion that the State’s 
assumption of these Hindu Religions Institutions in the days of 
Col. Munro was an act done in the ejcercise of the traditional 
right of "Melkoima” inherent in the Hindu Sovereigns of the 
State and that it was not an act of confiscation. The Govern- 
ment are accordingly under an undoubted obligation to maintain 
the Devaswoms for all time properly and efficiently, especially in 
Ariew of the circumstance that, had all the properties of these 
Devaswoms been kept separate, the progressive income derivable 
therefrom might have been more or less sufficient to defray all 
the expenses connected with their efficient managernent- 
-Government have also come to the conclusion that, for the proper 
discharge of this obligation, the creation of a separate department, 
which will devote its attention exclusively to the administration 
of Devaswoms, is necessary. 

5, It has already been stated that the current cash value 
of the determinate income of the Devaswoms from their landed 
properties amounts to Rs. 16 lakhs. This figure bears roughly 
the proportion of 40 per cent Land Revenue of the State and to 
this extent at least the Devaswoms are entitled to a guarantee 
from the Government. The recurring annual expenditure on 
these Devaswoms has, as already statedi averaged in recent years 
Rs* 15 lakhs ; but it must be remembered that their Pathivus 
have not been fully revised and that there is ranch to be done 
by way of repairs and renewals to their buildings and appurte- 
nances. It would therefore be necessary to set apart, as 
Teserve for unforeseen contingencies, the difference between the 
two sums. They have accordingly resolved to credit Annually in 
the future a sum representing 40 per cent of the State’s recurring 
Land Revenue to Devaswoms and to constitute a Devaswom 



204 


Fund comprising this allotment and the other miscellaneous items 
of Revenue like offerings etc., received by them. 

6. In regard to the orders of Government issued in 1912 
that the next settlement should be so regulated as to enable the 
Divaswoms to secure the full Revenue from their lands, the 
Devaswom Separation Committee have pointed out that this 
pronouncement of Government has created an amount of fear 
and discontent which it would be wise to allay and have expressed 
the emphatic opinion that the policy therein enunciated should be 
abandoned, and that adequate measures should be taken to 
conserve and safeguard the privileges which the holders of the 
Devaswom lands, in common with the holders of Pandaravaga 
lands, have as a matter of fact, enjoyed for over a century, and 
that fixity of tenure should be guaranteed to them as in the case 
of Pandaravaga lands. Government concur in this view and 
resolve to declare all Devaswom lands as Pandaravaga lands 
and to place the holders of the former in the same position as 
that of the latter. This decision involves a substantial loss of 
Revenue to the Devaswoms; but in view of the lasting benefit 
which this measure would confer on a large section of His 
Highness’ subjects, Government feel that this sacrifice of Revenue 
must be faced by them and also that the Devaswoms should not 
suffer on this account. Government have also to take into 
consideration the indeterminate claims alluded to in paragraph 3 
and which the Devaswoms have to forego. Taking into account 
all these circumstances, and also the voluntary contribution which 
the State was making prior to Col. Munro's assumption, the 
Government further resolve to meet from the general Revenues 
the entire cost of the separate Devaswom Department now pro- 
posed to* be created and to reserve to themselves the right to 
make to the Devaswoms, when absolutely necessary, additional 
contributions from the general Revenues of the State in any 
particular year. The Proclamation* issued today under His 



205 


■Highness, Sign Manual is intended to give a legal basis to the 
-resolutions of Government already detailed. 

7, The schedule^attached to the Proclamation requires a 
-^vo^d, oh explanation. Disparities in the number of Sirkar Deva- 

•swoms had long been in existence, as correct statements of such 
Devaswoms had not been kept during the days of Col. Munro or 
subsequently. The figures given in the Thirattu of 987, the 
■several administration reports, the lists prepared by special 
officers (Messrs. Chempakaraman Pillai and Ramachandra Rao( 
and in the Devaswom Separation Committee’s report do not tally 
■with each other* The verification undertaken by Government 
has shown that reconciliation between the different figures is 
possible only in the case of Minor Devaswoms which are more 
numerous. In regard to the latter, 513 Minor Devaswoms have 
"been identified and are tentatively included in the schedule 
together with the 334 Major Devaswoms. A comparison of the 
list of Minor Devaswoms now furnished by the Division Peishkars 
■with those already prepared by Messrs. Chempakaraman Pillai 
and Ramachandra Rao’shows that at a many as 322 institutions 
remain to be accounted for. In regard to these. Government 
consider that a further investigation on the spot by a responsible 
officer is necessary and that tne schedule should be revised in the 
light of* the report of that officer and republished. This will be 
done in due course. 

8. Government trust that the Proclamation would set at 
Test longstanding controversies about the status of the Devaswoms 
and confer substaintial benefits on a large section of His 
Highness^ subjects holding Devaswom lands. The Proclamation 
-would als") serve to remove the disability under which a large 
section of His Highness’ subjects have been labouring in the 
miatter of admission to the Land Revenue service of the State, 



206 


As for the Devaswoms themselves, it is hoped that they would 
enter on a new era of efficient management and prosperity. 

(By Order) 

R. Krishna Pillai, 

As. Chief Secnfary to Government 


Huzur Cutcherry, 
Trivandrum, 12-'l-22/30-8-97* 



DEVASWOM PROCLAMATION. 

PROCLAMATION 

BY HIS HIGHNESS THE MAHARAJA OF TRAVANCORE, 

ISSUED UNDER DATE THE 12TH APRIL, 1922, 
CORRESPONDING WITH THE 
30th meenam, 1097. 

Whereas in virtue of the Melkoima right vested in the 
State, the administration of certain Devaswoms along with their 
endowments was, Owing to their mismanagement, assumed by it 
in 987 M. E. with a view to their better management and to the 
maintenance of the said temples and their appurtenances in good 
condition ; 

And whereas the income from the immovable property 
alone of the said Devaswoms amounted at the time of assumption 
to 15,80,491 paras of paddy and Rs. 53,092 in cash; 

And whereas the said incomes from Devaswoms had, in 
course of time, become absabed in the General Revenues of the 
State and the expenditure therefor was met out of such General 
Revenues ; 

And whereas, owing to various causes, a large portion of 
the immovable property of the said Devaswoms had been treated 
in course of time as Pandaravaga lands and in consequence 
become incapable of identification and separation ; 

And whereas by Proceedings of Government No. D. 4905, 
dated the 2Sth October 1913, Our Government resolved that, in 
yiew of their position in respect of the said Devaswoms, it was 
their duty so to regulate the next Land Revenue Settlement as to 



208 


ensure to the said Devaswoms the full Revenue from their 
immovable property ; 

And whereas the above said resolution, if given effect to, is 
calculated to operate detrimentally on the material welfare of 
Our beloved subjects; 

And whereas the conversion into Pandaravaga tenuare of 
all Devaswom lands is calculated to be beneficial to Our belov- 
ed subjects ; 

And whereas the income from the immovable property of 
the said Devaswoms and of those whose management has been 
assumed since 987 M.E. had It been kept separate, should, along 
with their other income, be ordinarily sufficient for their proper 
maintenance ; 

And whereas in view of Our faith and religion it is Our 
solemn right and duty to matntain efficiently and in good condi- 
tion, Hindu Religious Institutions in Our State, irrespective of the 
income from such institutions or the cost of such maintenance, and 
in pursuance of such right and dacy Our State has, from time im- 
memorial, contributed from its Exchequer to the cost of such 
maintenance to the extent necessary; 

And whereas doubts have been ejrpressed as to the posi- 
tion of Our Government in relation to the said Devaswoms; 

And where it is necessary to remove those doubts and to 
provide for the better management and more effective control of 
the said Devaswoms ; 

We are pleased to command as follows'.— 

Z. (i) This Proclamation shall be called the Devaswom 
Proclamation, 1097, 



209 


(ii) It shall come into force on the 1st Chingom 109S. 

(in) It shall apply to the Davaswoms mentioned in the 
Schedule. 

2. “Schedule*' means the Schedule attached to this 
Proclamation. 

3. Our Government shall, out of the Devaswom Fund 
constituted under Section 4, maintain the Devaswoms mentioned 
in the schedule, keep in a state of good repair and to the extent 
they consider necessary, the temples, buildings and other appurt- 
enances thereto, and administer the Devaswoms in accordance 
with such usage and custom as may be recognised by Our 
Government. 

4. There shall be constituted for the Devaswoms men- 
tioned in the schedule a fund called the “ Devaswom Fund*** 
Such fond shall consist 

(i) allotment made in the State Budget every year for 
the said Devaswoms, such allotment not being less 
than forty per cent of the Ayacui and Sanchayam 
Land Revenue of the Slate ; 

(ii) the mone 5 ’s realised from lime to time by the 
sale ol movable properties "belonging to the said 
Devaswoms; 

(iii) all the voluntary contributions and offerings made 
by devotees; 

(iv) interest on investments of funds belonging to the 
said Devaswoms; and 

(v) all other moneys belonging to or other income 
received by the said Devaswoms* 



210 


6* Any unspent balance out of the allotment mentioned 
In sub-section (t) of Section 4 shall be added on to the Deva- 
swom Fund. 

6. All immovable properties belonging to the Devaswoms 
mentioned in the Schedule and now shown in the Revenue 
accounts as Devaswomvaga** shall hereafter forall intents and 
purposes be deemed to be Pandaravaga and dealt with as such. 

7. (i) Our Government may for the better and more 

efficient management and more effective control of 
the Devaswoms mentioned in the Schedule organise 
Devaswom Department of the State consisting of 
such number of officers and other servants as they 
thiiik fit, 

(ii) The expenditure in connection with the said 
department shall, notwithstanding anything con- 
tained in Sections 3 and *1, be met out of the general 
revenues of the State. 

8. Our Government may, from lime to time: — 

(i) define the powers and duties of the Officers of the 
Devaswom Department; 

(ii) regulate the scale of expenditure of the Devaswoms; 
and 

(iii) make Rules generally For carrying out the purposes 
of this Proclamation. 

9. No suit shall He in any Civil Court against Our 

Government! — 

(i) for anything done in relation to the Devaswoms 
mentioned in the Schedule and their propeirtes 



211 


before the commencement of this Proclamation ; 
and 

(ii) for anything done or purporting to be done in 
pursuance of this Proclamation. 

10. Nothing contained in this Proclamation shall in any 
tray affect Our right to contribute out of the State funds:— 

(i) towards Sri Pandaravaga expenditure to the extent 
deemed necessary by Us ; or 

(ii) to other Devasvvoms in or outside the State; or 

(iii) to the performance of the customary religious cere- 
monies conducted under Our command. 



PROCLAMATION 


JSSUhD UNDER DATE THE IITH KANNI 1221 

CORRESPONDING TO THE Q7TH SEPTEMBER 1945. 

Where it is expedient to amend the Devaswom Procla- 
mation, 1097, for the purpose of assuming power for Our 
Government to amend the Schedule attached to the said Procla- 
tion , and 

Whereas it has been found nece'^sary to regularise the action 
already taken by Our Government in amending the said Schedule 
by means of Notifications, 

We are hereby pleased to command as follows’— 

1 (i) This Proclamation may be called the Devaswom 
(Amendment) Proclamation, 1131. 

(ti) It extends Co the whole of Travancore* 

(ill) It shal^ come into force at once. 

2. After Section 10 of the Devaswom Proclamation, 1097, 
the following Section shall be added, and shall be deemed always 
to have been in force, namely — 

"ll Our Government may, from time to time, 
by notification in Our Government Gazette, amend, 
alter or add to the Schedule ” 


SIGN MANUAL 



PROCLAMATION 


ISSUED UNDER DATE THE 25tH MITHUNAM 1121 
CORRESPONDING TO THE 9TH JuLY 1946. 

Whereas in exercise of the Melkoima right vested in the 
Sovereign the administration of certain Devaswoms along with 
their endowments was assumed by the State in 987 
Preamble M. E. with a view lo their better management and 
to the maintenance of the said Devaswoms and 
their appurtenances in good condition : 

And whereas the income from the' said Devaswoms had, 
in course of time, become absorbed in the general Revenues of 
the State and the expenditure therefor was met out of such 
general Revenues'; 

And whereas all the Devaswom lands have been convert- 
ed into Pandaravaga lands by the Devaswom Proclamation 
dated the 30th Meenam 1097 ; 

And whereas the liability to contribute a certain proportion 
of the total land revenue to the Devaswom fund and on this 
basis to make an animal allotment for the upkeep of the said 
Devaswoms has been undertaken by the State ; 

And whereas by means of the introduction of a new 
■system of assessment and collection cf taxes in respect of land, 
the income derived from land revenue as such will be materially 
affected and in consequence the contribution to the Devaswom 
fund will be reduced ; 

And whereas in pursuance of the said Proclamation of 
J097, We have accepted the right and obligation to maintain 



214 


efficiently and in good condition Hindu Religious institutions in 
Our State irrespective of the income from such institutions or the 
cost of such maintenance; 

We are pleased to command as follows: — * 

1. (i) This Proclamation shall be called the Devaswom 

proclamation, 1121. 

Short titlei com* 
meoccmeat and 
applicatiOQ. 

(ii) It shall come into force on the first day of Chingom 

1122. 

(ui) It shall apply to theDevaswoms mentioned in the 
Schedule. 

2. “Schedule" means the Schedule appended to this 

Proclamation. 

lalerpretitioa. 

3* Our Government shall* out of the Devaswom Fund 
constituted under Section 4, maintain the Devaswoms mentioned 
in the Schedule, keep in a state of good repair 
Pevaswoms^etc?* extent they consider necessary, the templesr 

buildings and other appurtenances thereto, and 
administer the Devaswoms in accordance with such usages and 
customs as may be recognised by our Government 

4. The Devaswom Fund constituted for the Devaswoms 
mentioned in the Schedule shall consist of: — 

Devaswom Fnnd, 

(i) allotment made in the State Budget every year for 
the said Devaswoms, such allotment not being less 

than twenty-five lakhs of rupees; 

(ii) the moneys realised from time to time by the sale 
of movable properties belonging to the said 
Devaswoms ; 



215 


(ill) all voluntary contributions and offerings made by 
devotees ; 

(iv) profits and interest received from investments of 
funds belonging to the said Devaswoms; and 

Iv) all other moneys belonging to or other income 
received by the said Devaswoms* 

5. Any unspent balance out of the allotment mentioned 

in clause (1) of Section 4 shall be added on to the 
Unspent balance. Devaswom Fund. 

6. (i) The Devaswom Department organised by Our 

Government under the Devaswom Proclamation of 
Dartment!°” continue and shall consist of such 

number of officers and other servants as Our 
Government may think fit* 

(ii) The expenditure in connection with the said 
Department shall, notwithstanding anythingpontain* 
ed in Sections 3 and 4, be met out of the general 
revenues of the State. 

7. No suit shall lie in any Civil Court against Our 

Government in respect of anything done in relation 
Bar of Sails the Devaswoms mentioned in the Schedule or 

their properties or for anything done or purporting 
"to be done in pursuance of this Proclamation. 

8» Nothing contained in this Proclamation shall be 
deemed to affect Our right to contribute out of the 
Saviug. Stale funds — 

(i) towards Sri Pandaravaga expenditure to the extent 
deemed necessary by Us; or 



216 


(u) to other Devaswoms in or out'?ide the State; or 

(ill) to the performance of the customary religious 
ceremonies conducted under Our command. 


Our Government may from time to time by noti* 
ficatin in Our Government Gazette, amend, alter, 


Power lO amend jj » .1 o l j 1 

Schedule Of ^dd to the Schedule. 


10 Our Government may, from time to time, make 
rules — 

ernmentromau (0 regulating the Scale of expenditure of the Deva- 
swoms mentioned m the Schedule , 


(li) for the expenditure and investment of the surplus 
income of the said Devaswoms ; 


(in) defining the powers and duties of the officers of the 
Devaswom Department; and 

(iv) generally for carrying out the purposes of this 
Proclamation. 

11. The Devaswom Proclamation of 1097 is hereby 
repealed. 


Repeal 


SIGN MANUAL. 



PROCLAMATJON 


ISSUED UNDER DATE THE 18tH MAKAKAM 1122. 

CORRESPONDING TO THE 31ST JANUARY 1947. 

Whereas it is expedient to amend Oin* Proclamation 
issued under date the 25th Mithunam 1121 corresponding to the 
9th July 1946 relating to Devaswoms for establishing a corporate 
body for managing the Devaswom Surplus Fund ; 

We are pleased to enact as follows? — 

■ 1, (i) This Proclamation may be called the Devaswom 

(Amendment) Proclamation, 1122. 

(ii) It shall come into force at once. 

2. Section 5 of the Proclamation issued under date the 
25th Mithunam 1121 corresponding to the 9th July 1946 (herein., 
after referred to as the said Proclamation) shall be re-numbered 
as sub-section (i) of that Section and the following sub-sections 
shall be added to the Section as so re-numbered 


“(ii) There shall be constituted by this Proclamation a 
separate fund to be called “ The Devaswom 
Surplus Fund ” which shall consist of the unspent 
balances out of the Devaswom Fund constituted 
under section 4. 


(iii) The Devaswom Surplus Fund shall be admini- 
^ « stered, subject to Our control and direction, bv a 

Devasirom Sar- ’ , 

pioj Food Com- committee consisting of the Devaswom Commis- 

foittee. ° 

sioner and two other ofiicers who shall be 
appointed by Us and who shall be members thereof 
so long as they continue to hold such office. Th^ 
Devaswom Commissioner shall be the convener of 
the Committee. The Committee shall be a body 



218 


corporate under the name of the Devaswom Surplus 
Fund Committee and shall have perpetual succes- 
sion and a common seal with power to hold and 
acquire property, movable and immovable, and 
shall sue and be sued by the said name. 

(iv) Subject to such rules as may be laid down by Us 
the said Committee shall have power to purchase 

powers. or take a first mortage of property, movable or 

immovable, with moneys from the Devaswom 
Surplus Fund, and shall have power to take, hold, 
manage or assign on lease any property vested in or 
belonging to the Devaswom Surplus B'und, and to 
do all other acts incidental to the management of 
such property. 

(v) The said Committee miy, with Our previous 
sanctioHi make rules prescribing the restrictions, 

CcaautM't . . , , . . , , . , 

power to make limitations and conditions subject to which assign- 
ments of property on lease could be made. All 
provisions, restrictions, conditions, and limitations 
over, contained in any document evidencing a lease 
of such property granted by the Committee, shall 
be valid and take effect according to their tenor, 
notwithstanding any law, statute or enactment of 
the Legislsiure to the connsiry.'* 

3. For clause l2) of Section 10 of the said Proclamation 
substitute the following as clause (2) : — 

“(ii) for the maintenance and auditing of the accounts 
of the Devaswom Surplus Fund, for the inspection 
of its prooerty, and for such other matters in 
connection therewith as may be deemed necessary.** 


SIGN MANUAL. 



PROCLAMATION 


ISSUED UNDER DATE THE IOTH MEENAM 1123 
CORRESPONDING TO THE 23rD MARCH 1948. 

Whereas it is necessary to amend in certain respects Our 
Proclamation issued under date the 25th Mithunam 1121 
corresponding to the 9th July 1946 as amended by Our Procla- 
mation issued under date the I8th Makaram 1122 corresponding 
to the 31st January 1947 relating to Devaswoms, 

We are pleased to enact as follows s- 

1. (i) This Proclamation may be called the Devaswom 

(Amendment) Proclamation, 1123. 

Preamble. 

(ii) It shall come into force at once. 

2. For Section 3 of the Proclamation issued under date 

the 25th Mithunam 1121 corresponding to the 9th 

Ameodtoest of . , 

Section 3 of Pro- July 1946, as amended bv the Proclamation issued 

clamatioB of 1121. - , , 

under date the loth Makaram 1122 corresponding to 
the 31st January 1947, (hereinafter referred to as the said Procla- 
mation), the following Section shall be substituted, namely:— 

“ 3, We shall out of tbe Devaswom Fund constituted 
tinder Section 4 maintain the Devaswoms mentioned 
Devajflfotns BIG. in the Schedule, keep in a State of good repair the 
temples, buddings and appurtenances thereto, 
administer the said Devaswoms in accordance with such usages 
and customs as may be recognised by Us, make contributions to 
other.De\'aswom3 in or outside the State, and meet the expendi- 
.tnre for the religious ceremonies conducted under Our 
Command.'* 



218 


corporate under the name of the Devaswom Surplus- 
Fund ContimiUee and shall have perpetual succes- 
sion and a common seal with power to hold and 
acquire property, movable and immovable, and 
shall sue and be sued by the said name. 

(iv) Subject to such rules as may be laid down by Us 
the said Committee shall have power to purchase 

povrers.™™'**** * take a first mortage of property, movable or 
immovable, with moneys from the Devaswotn 
Surplus Fund, and shall have power to take, hold, 
manage or assign on lease any property vested in or 
belonging to the Devaswom Surplus Fund, and to 
do all other acts incidental to the management of 
such property. 

(v) The said Committee miy, with Our previous 
sanctioHi make rules prescribing the restrictions, 

Comastllea'j . , , . , , , . , 

powet to naice limitations and conditions subject to which assign- 
ments of property on lease could be made. All 
provisions, restrictions, conditions, and limitations 
over, contained m any document evidencing a lease 
of such property granted by the Committee, shall 
be valid and take effect according to their tenor, 
notwithstanding any law, statute or enactment of 
the Legislature to the contrary.” 

3. For clause { 2 ) of Section 10 of the said Proclamation 
substitute the following as clause (2) 

“(ii) for the maintenance and auditing of the accounts 
of the Devaswom Surplus Fund, for the inspection 
of its property, and for such other matters in 
connection therewith as may be deemed necessary.** 


SIGN MANUAL. 



PROCLAMATION 


ISSUED UNDER DATE THE IQth MEENAM 1123 
CORRESPONDING TO THE 23rD MARCH 194fa. 

Whereas it is necessary to amend in certain respects Our 
Proclamation issued under date the 25th Milhunam 1121 
corresponding to the 9th July 19-16 as amended by Our Procla- 
mation issued under date the 18tb Makaram 1 122 corresponding 
to the 31st January 1947 relating to Dfivaswoms, 

We are pleased to enact as follows s- 

1, (!) This Proclamation may be called the Devaswom 

(Amendment) Proclamation, 1123. 

Fre&iabl«. 

(ii) It shall come into force at once. 

2. For Section 3 of the Proclamation issued under date 

the 25th Milhunam 1121 corresponding to the 9tb 

Ameodment of,, - jj, r^l 

SecttoB 3 of Fro- July' j 946, 3 8 amended oy the Proclamation issued 
damfciioo of 1121 Makaram 1123 corresponding to 

the 31st January 1947, (hereinafter referred to as the said Procla- 
mation), the following Section shall be substituted, namely : — 

“3. We shall out of the Devaswom Fund constituted 
under Section 4 maintain the Devaswoms mentioned 
Dev^wo^Vtl°^ in the Schedule, keep jn a state of good repair the 
temples, buildings and appurtenances iheretc, 
administer the ‘said Devaswoms in accordance with such usages 
and customs as may be recognised by Us, make contributions to 
other Devaswoms in or outside the State, and meet the expendi- 
.ture for the religious ceremonies conducted under Our 
Command.’* 



220 


3. For clause (1) of Section 4 of the said Proclamation, 

the following clause shall be substituted namely, 

AtaesdiiKat of 
«lauie (t) of ‘^ec* 
too 4 of Procia* 
matioo of 1121. 

“(1) The alloiment of fifty lakhs of rupees which shall be 
provided for in the State Budget every year." 

4. In Section 5 of the said Proclamation. 

(i) sub-secUon fl) shall be omitted, and the subsequent 
sub-sections shall be renumbered ; 

Amendmeot of 
Section S of Pro- 
olamationof 1121. 

(il) in sub-section (1) as so renumbered, the w ord " of 
each year” shall be inserted between the words 
*' balances and ‘‘ out of ** ; 

(ili) for sub section ( 2 ) as so renumbered, the following 
sub section shall be substituted, namely, 

“ (2) The Devaswom Surplus Fund shall be administered, 
subject to Our control and direction, by the Devaswom Commis- 
sioner appointed by Ua’* ; 

(iv) in sub-section (3) as so renumbered, for the words 
“said Committee" the words "Devaswom Commis- 
sioner” shall be substituted; 

(v) in sub-sectiou (4) as so renumbered for the words 
"said Commtitee" the words "Devaswom Commis- 
sioner” shall be substituted. 

5, (i) In sub-section (1) of Section 6 of the«aid Procla- 
mation, for the words “ Oor Government may think 
Seluon'eofprfr fit," the words "we may determine from time to 
•wfon of 1121 substituted. 



221 


(li) Iti-snb-section (2) of Section G6f the said Procla- 
mation. 

(i) the words “notwithstanding anything contain- 
ed in Sections S and <1”, shall be omitted; 

(ii) for the words "out of the general revenues of 
the Slate" the words "out of the Devaswom 
Fund mentioned in Section 4" shall be sub- 
stituted. 



222 


(i) in clause (1) the figure (l) and the word ' 
be omitted. 


' shaii 


AmeDdmenl of 
becttoQ 8 of Pro 
clamatioaol 1121 . 

(il) clauses (2) and (3) shall be omitted 

9. In Section 9 of the said Proclamation, for the words 

“ Our Government may from time to time ” the 
Section 9 of Pro- words “the Devaswom Commissioner may from 

clematios of 1121 ^ ^ , z-v . ^ 

time to time, with Our previous sanction shall 
be substituted. 

10. In Section 10 of the said Proclamation, for the words 

“ Our Government may, from time to time, make 
SmSSioo? P ro! rules” the words ” The Devaswom Commissioner 
damitiooofiizi Ouf previous sanction, make rules from 

time to time ” shall be substituted. 


SIGN MANUAL. 



PROCLAMATION 


IbbUED UNDER DATE THE 25 th MtTHUNAM 1121 
CORRESPONDING TO THE 9TH JULY, 1946* 

(As amtnd&d by Proclamation dated 18th Makaram 1122). 

Whereas in exercise of the Melkoima right vested in the 
Sovereign the administration of certain Devaswoms 

Preamble. 

along with their endowments was assumed by the 
State in 987 M. E. with a view to their belter management and 
to the maintenance of the said Devaswoms and their appurten- 
ances in good condition ; 

And whereas the income from the said Devaswoms had, 
in course of time, become absorbed in the genera) Revenues of 
■the State and the expenditure therefor was met out of such 
general Revenues ; 

And whereas all the Devaswom lands have been converted 
into Pandaravaga lands by the Devaswom Proclamation dated 
the 30th Meenam 1037 ; 

And whereas the liability to contribute a certain propor- 
tion of the total Land Revenue to the Devaswom fund and on 
this basis to make an annual allotment for the upkeep of the said 
Devaswoms has been undertaken by the Slate ; 

And whereas by means of the introduction of a new 
system of assessment and collection of taxes In respect of land 
the income derived from Land Revenue as such will be materially 
affected and in consequence the contribution to the Devaswom 
fund will be reduced ; 



224 


And Whereas in pursuance of the said Proclamation of 
1097 We have accepted the right and obligation to maintain 
efficientlyand in good condition Hindu Religious Institutions in 
Our State irrespective of the income from such institutions or the 
cost of such maintenance ; 


We are pleased to command as follows: — 

1. (i) This Proclamation shall be called the Devaswom 
Proclamation, 1121. 

Short title, com* 
meacemeot And 
appliC&tIDB. 

(ii) It shall come into force on the 1st day of Chingom 

1122 . 

(ill) It shall apply to the Devaswoms mentioned In the 
Schedule. 


2. “Schedule" means the schedule appended to this 

Proclamation- 

3. Our Government shall, out of the Devaswom Fund 
Maioteaanceof Constituted under Section 4, maintain the Deva- 

Deviswoms. etc gwoiT.s mentioned in the Schedule, keep in a stale 
of "ood repair and to the extent they consider necessary, the 
temples, buildings and other appurtenances thereto, and administer 
the Devaswoms in accordance with such usages and customs as 
may be recognised by Our Government* 

4. The Devaswom Fund constituted for the Devaswoms 

mentioned m the Schedule shall consist of; — 


Oevaiwom Fund 

(i) allotment made in the State Budget every year for 
the said Devaswoms, such allotment not being less 
than twenty-five lakhs of rupees ; 



225 


( 2 ) 

(3) 

(4) 
© 

5.(1) 

Uatpeot balance 
•( 2 ) 


^vaswom Sar* 
plat Fofid 


*(3) 


IDevasvrom Snr- 
plus Food Com* 
xaittee. 


the moneys realised from time to time by the sale 
of movable properties belonging to the said 
Devaswoms ; 

ail voluntary contributions and offerings made by 
devotees ; ^ 

profits and interest received from investments of 
fnnd<5 belonging to the said Devaswoms ; and 

all other monej’s belonging to or other income 
received by the said Devaswoms. 

Any unspent balance out of the allotment mentioned 
in clause (1) of Section A shall be added on to the 
Devaswom Fund. 

There shall be constituted by this Proclamation a 
separate fund to be called "The Devaswom Sur- 
plus Fund ” which shall consist of the unspent 
balances out of the Devaswom Fund constituted 
under Section 4. 

The Devaswom Surplus Fund shall be administered, 
subject to Our control and directions, by a com- 
mittee consisting of the Devaswom Commissioner 
and two other officers who shall be appointed by 
Us and who shall be members thereof so long as 
they continue to hold such office. The Devaswom 
Commissioner shall be the convenor of the Com- 
mittee. The Committee shall be a body corporate 
under the name of the Devaswom Surplus Fund 


* Added by ihe Amsndment Proclamanou dated ISih Xtakaram 1122/31st 
Janoary 1947, pabhsbsd in ibe Travancore Goveran'cct Gazette dated llib 
Pebroary, l947/29th MaUrarn 1122. 



226 


Comm'ltee and shall have perpetual succession an(f 
a common seal -with power to hold and acquire 
property, movable and immovable, and shall sue 
and be sued by the said name. 

* (4) Subject to such rules as may be laid down by Us 
_ , the said Committee shall have power to purchase 

or take a first mortgage or property, movable or 
immovable, with moneys from the Devaswom 
Surplus Fund, and shall have power to take, hold, 
manage or assign on lease any property vested ia 
or belonging to the Devaswom Surplus Fund and 
to do all other acts incidental to the management 
of such property. 

The said Committee may, with Our previous 
sanction, make Rules prescribing the restrictions, 
limitations and conditions subject to which assign- 
ments of property on lease could be made* All 
provisions, restrictions, conditions and limitations 
over, contained in any document evidencing a 
lease of such property granted by the Committee, 
shall be valid and take effect according to their 
tenor, notwithstanding any law, statute or enact- 
ment of the Legislature to the contrary. 


•( 6 ) 


Committee's 
poerer to malie 
itales 


6 .( 1 ) 


Devaswom 

Departmeat. 


The Devaswom Department organised by Our 
Government under the Devaswom Proclamation 
of 1097 shall continue and shall consist of such 


* Added by the Amendment Proclamation dated I8th Makaram li22/31st 
January 1947 published in the Travancore Government Gazette dated llth. 
February 1947/29th Makaram 1122. 



227 


number of officens and other servants as Our 
Government may think fit. 

(2) The expenditure in connection with the said 
I^epartment shaiJ, notwithstanding anything con- 
tained in Sections 3 and 4, be met out of the 
general revenues of the State. 


7. No suit shall he in any Civil Court against Oar 

Government in respect of anything done in relation 
to the Devaswoms mentioned in the Schedule or 
their properties or for anything done or purporting to be done in 
pursuance of the Proclamation. 

8. Nothing contained in this Proclamation shall be 

Savins deemed to affect Our tight to contribute out of the 

State Funds, 

(1) rewards Sri Pandaravaga e.Tpenditure to the extent 
deemed necessary by Us; or 

(2) to other Devaswoms in or outside the State ; or 

(3) to the performance of the customary religious cere* 
monies conducted under Our command. 

9. Our Government may from time lo time by notifica- 

Power »o amend tion in Our Government Gazette, amend, alter, or 
Schedule Schedule. 


10» Our Government may, from time to time, make 
Rules — 

Power of Covero* 
n«Dt to mal.e 
Jiaies 


(1) regulating the scale of expenditure of the Deva- 
swoms mentioned in the Schedule , 



228 


»(2) for the maintenance and auditing of the accounts 
of the Devaswom Surplus Fundj for the inspection 
of its property, and for such other matters in 
connection therewith as may be deemed necessary; 

(3) defining the po\v/»rs and duties of the officers of the 
Devaswom Denartment, and 

(4) generally for carrying out the purposes of this 
Proclamation. 

11. The Devaswom Proclamation of 1097 is hereby 
repealed. 

Repeal 


* Added by the Amendment Proclamation dated I8tb Makaram tl22/31st 
Janaary 1947 published in the Travaccore Government Gazette dated Itth 
February 1947/29(h Makaram Ii22. 



proclamation 


i.'.SUED UNDER DATE THE 25TH MITHUNAM 1121 
corresponding to the QTH JULY 1946. 

( As amended by. Proclamations dated 18th Maharam 1122 
and lOlh ileenam 1123). ^ 

Whereas in exercise of the Melkoima right vested in the 
Sovereign the administration of certain Devaswoms along with 
their endowments was assumed by the State in 
Preamble 987 M* E. with a view to their better management 
and to the maintenance of the said Devaswoms and 
their appurtenances in good condition j 

And whereas the income from the said Devaswoms bad, 
in course of time, become absorbed in the general Revenues of 
the State and the expenditure therefor was met out of such general 
Revenues; 

And whereas all the Dsvaswom lands have been converted 
into Pandaravaga landslby the Devassvom Proclamation dated 
the 30th Meenam 1097 ; 

And whereas the h'abJJjry Jo conirjbute a certain proportion 
of the total land revenue to the Devaswom Fund and on this basis 
to make an annual allotment for the upkeep of the said Deva- 
swoms has been undertaken by the State ; 

And whereas by means of the introduction of a new 
system of assessment and collection of taxes in respect of land, 
the income derived from 'land revenue as such will be materially 
affected and in consequence the contribution to the Devaswom 
Fund will be reduced; 



230 


And whereas in pursuance of the said Proclamation of 
1097 We have accepted the right and obligation to maintain 
efficiently and in good condition Hindu Religious Institutions in 
Our State urc'-pectn e of the income from such Institutions or the 
cost of such maintenance, 

We are pleased to command as follow s : — 

1 (1) This Proclamation shall be called the Devaswom 
Short com Proclamation, 1121 

meocetocat and 
rppi cat OQ 

(3) It shall come into force on the first day of Chingom 

1122. 

(5) It shall apply to the I>e\as\voms mentioned in the 
Schedule 

2 “Schedule*' means the Schedule appended to thi** 
loiarpretat oo Proclamation. 

3 We shall out of the De\aswom Fund constituted 
under Section 4 maintain the De\aswoms mentioned m the 

Schedule, keep m a state of good repair the temples, 
buildings and appurtenances thereto, administer the 
Devaswoms in accordance with such usage's and 
customs as may be recognised bv Us, make contributions to other 
Uevaswoms in or outside the Slate and meet the expenditure for 
the religious ceremonies conducted under Our corrmand 

4 The Uevaswom Fund constituted for the Devaswoms 
Deyas ora Fand mentioned iH the Schedule shall consist of — 

(1) the allotment of fifty lakhs of rupees wh ch shall be 
pro/ideci for in the State Budget e-very y ear , 



2Sl 


(J) the moneys realised from lime to time by the sale 
of the movable properties belonging to the said 
Devaswoms ; 

(3) all voluntary contributions and offerings made by 
devotees ; 

(4) profits and interest received from investments of 
funds belonging to the said Devaswoms ; and 

(5) all other moneys belonging to or other income 
received by the said Devaswoms. 

5.(0 There shall be constituted by this Proclamation a 
separate Fund to be called “The Devaswom 
FanF”**™ unspent 

balance of each year out of the Devaswom Fund 
constituted under Section 4. 


(2) The Devaswom Surplus Fund shall be administered, 
Adm'ftisttfcfoQ subject to Our control and direction, by the Deva- 

sworn Commissioner appointed by Us. 

(3) Subject to such rules as may be laid down by Us 

^ the Devaswom Commissioner shall have power to 

purchase or take a first mortgage of property, 
movable or immovable, with moneys from the 
Devaswom Surplus Fund, and shall have power to 
take, hold, manage or assign on lease any property 
vested in or belonging to the Devaswom Surplus 
Fund and to do all other acts incidental to the 
management of such property. 


(4) The Devaswom Commissioner may, with Our 


Dftv&swom 
■Commissioaer's 
power to mate 
Kale^, 


previous sanction, make Rules prescribing the 
restrictions, limitations and conditions subject to 
which assignments of property on lease could be 



232 


made Ail provisions, rcstricuons, conditions, and 
limitations over, contained in any document 
evidencing a lease of such oroperty granted by the 
Committee, shall be valid and take efTect according 
to their toner, notwithstanding any law, statute or 
enactment of the Legislature to the contrary- 

6. (1) The Devaswom Department organised by Our 
Government under the Devasuom Proclamation of 

Dei aswom 

Depariroent 1097 shall continue and shall consist of such number 
of officers and other servants as We may determine 
from time to time. 


(2) The expenditure in connection with the said Depart- 
ment shall be met out of the Devaswom Fund 
mentioned in Section 4. 


6A. Immovable properties entered or classed in the 

Immovable pro* ^^®venue records as Devas'vomvaga or Devaswom 

pertiesmthepos poramboke and such other Pandarataga lands as 

tessioo o{ Deva- , ” 

sworn after 30th are in the possession or enjoyment of the Deva. 

Meenom 1097 

swoms aft^r the 30th Meenom 1097 shall be dealt 
with as Devaswom properties The provisions of the Land 
Conservancy Act of 1091 iIV of 1091) shall be applicable to such 
lands as in the case of Government lands. 


7. No suit shall lie in any Civil Court impugning anything 
done in relation to the Devaswoms mentioned in 

Bar of suit*. 

the Schedule or their properties or anytning done 
or purporting to be done in pursuance of this Proclamation. 

g. Nothing contained in this Proclamation shall be 
deemed to affect Our right to contribute out of the 
Saving. State Funds towards Sri Pandaravaga expenditure 
to the extent deemed necessary by Us. 



233 


9. The Devaswom Cominissioner may from time to time 
with Our previous sanction by notification in Our 
Power to amend Government Ga 2 ette, amend, alter, or add to the 

Schednle, ’ 

Schedule. 


10. The Devaswom Commissioner may, with Our previ- 
PowcrofDeva- Sanction, make Roles from time to time: — 

sworn Commis- 
sioner to make 
Kales 

(1) regulating the scale of expenditure of the Deva- 
swoms mentioned in the Schedule ; 


(2) for the maintenance and auditing of the accounts of 
the Devaswom Surplus Fund, for the inspection of 
its prooerty, and for such other matters in connec» 
tion therewith as may be deemed necessary ; 

(3) defining the powers and duties of the officers of the 
Devaswom Department ; and 

(4) generally for carrying out the purposes of this 
Proclamation. 

11. The Devaswom Proclamation of 1C97 is hereby 
repealed. 


Kepeal. 



ACT 111 OF 1079. 


THE HINDU RELIGIOUS ENDOWMENTS ACT. 

AN ACT TO PWOViDE FOR THE BETIER ADMINISTRATION 
OF CERTAIN HINDU RELIGIOUS ENDOWMENTS 
IN IRAVANCORE. 

PASSED BY HIS HIGHNESS THE MAHARAJA OF TRAvANCORE 
ON THE 13th DECEMBER 1903 CORRESPONDING 
WITH THE a^TH VRISCHIKOM 1079, 

UNDER SECTION 13 OF 
Acr V OF 1073. 

Whereas it is expedient to provide for the better admini- 
stration of certain Hindu Religious Endownments 
preiinbie. in Travancorc j 

It is hereby enacted as follows:— 

1, This Act shall be called “ The Hindu Religious 

Endowments Act of 1079", and shall com® into 
Sbori mie and force On the first day of Makaram 1079. 

CommBQce meat. 

2, It extends to the whole of Travancore. 

Local extent. 

3, In this Act, unless there be something repugnant in 

the subject or context, "Hindu Religious Endow- 
ments” shall mean and include; — 

(a) every Hindu temple or shrine or other religious- 
endowment dedicated to, or used as of right by, 
•« Hmda Reiigi; .Up Hjndu Community or any sectioH thereof; and 

ous Endowments tiic- 



235 


*(b) every other Hmdu endowment or foundation, by 
whatever local designation known, and property 
endowments and offerings connected therewith^ 
whether applied wholly to religious purposes or 
partly to religious and partly to charitable or other 
purposesi and every express or constructive trust by 
which prooerty or money is vested in the hands of 
any person or persons by virtue of hereditary 
succession or otherwise for such purposes ; 

but shall not include any Hindu religious institution 
pmyiso. belonging to and under the sole management of a 
single family or single person in virtue of heredi- 
tary succession: Provided that, where the manage- 
ment of a religious cndov/ment has passed into the 
bands of several branches by division among the 
members of the original family, the endowment 
may nevertheless be considered as being in the 
management of a single family for the purpose cf 
this Act. 

Explanation '. — The expression “hereditary succession” 
shall include succession to a “ Guru " by a disciple by nomination 
or otherwise. 

“Trustee” shall mean the person or persons in whom the 
. administration of the affairs of a religious endow- 

“Truitee.” , , . .... 

ment is vested in trust or holding any property m 
trust therefor, by whatever designation such person or persons 
may be known. 

* Amendments added by Act XVI of 1U5 dated 13-5-1115. 



236 


4. It shall be competent to Our Dewan, by a notice, to 


Power of Dewan 
to cat! Dpoo trus« 
tees of endow* 
taenls to submit 
periodical ac- 
counts, lists of 
properties, &c., 
and power of offi- 
cer deputed to re- 
quire them to fur 
msh records or 
information or to 
assist in his exa- 
zoinatioo of ac- 
counts &c 


call Upon the trustees or managers of any endow- 
ment falling under the definition in Section 3, to 
submit periodically accounts of income and expendi- 
ture, or lists of prepsrties, jewels, vessels, furniture, 
or other things belonging to the endowments under 
their charge, or depute any officer to examine and 
verify the same. 


It shall also be competent to the Officer so deputed to call 
upon the trustees and managers, by a notice, to furnish him with 
all the accounts or other records or information he may require 
for the purpose of examination and verification and also to assist 
him in the examination of accounts and movable property* 


The notice shall be served in the manner prescribed by 
the Code of Civil Procedure for the service of summons* 


Where the Officer deputed under this section finds that 
any movables are likely to be removed or misappropriated, he 
shall make an immediate report to the Dewan, taking such steps 
for their temporary safe custody as may be necessary. On receipt 
of such report, the Dewan may, after hearing the parties 
concerned, pass such orders as he may think proper. 

Any trustee or manager who %7ilfu\ly or contumaciously 
disobeys any order passed by the Dewan or any notice issued 
under this section, shall be liable to a fine not exceeding rupees 
fifty for each act of disobedience and to dismissal if he is found 
' guilty of three such acts of disobedience. The fines imposed 
under this section may be recovered as arrears of public Revenue- 

* The power to award punishments under this section shall 

b’ vested in Ou r Dewan. 

* Added by Act VIll of 1U6 dited 15-7-1116. 



^37 


5, (i) The Sirkar may assume the management of Hindu 


Cases where Sir* 
lar may sesame 
masa^emeat o r 
superiniend the 
^SQigemeat o £ 
•endowment®. 


religious endowments in the cases following: — 


(a) On the application and the request of a 
majority consisting of not less than two-thirds of 
the trustees, or of the donors in cases where the 


donors have reserved to themselves the power of 
appointing and dismissing trustees; 


(b) On the refusal of the trustees to continue in the 
trusteeship or on their own admission of incapacity 
to continue tn the trust-management ; 

(c) In cases where the Sirkar has the right to take part 
in the management by appointment of certain 
officers or servants according to existing usages, if 
the trustees have failed to carry on their duties 
properly and in the best interests of the institution; 

(d) In cases where the Sirkar has succeeded to the right 
of management, in part, by reason of escheat of 
trustees, if the remaining trustees have failed to 
carry on their duties properly and in the best inter- 
ests of the institution ; and 

•(e) In cases of proved mismanagement although the 
institutions do not fall under sub-clause (c) or sub- 
clause (d) of clause (1) of this section. 

Explanation to (a ), — The word "donors” includes the 
legal representatives of the donors. 

f (ii) Notwithstanding anything contained in clause (I) 
the Sirkar may exercise such superintendence in 


* Added by Act VIU of 1116 dated 18-7-1116. 
t Aaiendcnents added by Aci VIII of 1116. 



238 


6. (1) 

Enquiry nod re* 
port o{ condition 
of endowment pre- 
limiaary to assutn* 
ption orexerciiiitg 
superintendence 
in the ^manage* 
meat 


*( 2 ) 


* Added 


the management over any institution to which this 
Act applies as to best fulfil the objects of the trust, 
if the trustees have failed to carry on their duties 
properly and in the best interests of the institution. 

Before assuming or exercising superintendence in 
the management of any Hindu religious endowment 
under the provisions of this Act, Our Dewan shall 
require an officer not inferior in rank to an Assist- 
ant Peisbkar or a Devaswom Assistant Commis- 
sioner to enquire into the affairs of such endowment 
and to submit a full report. If, on such report, and 
after hearing the parties interested or affected. Our 
Dewan be satisfied that a condition precedent as 
set forth in Section 6 exists, he may pass such 
order for assumption or superintendence as enabled 
by that section. The order passed shall be notified 
in the Gazette. From the lapse of eight weeks 
from the date of such notification, the Dewan may 
carry out the order in such manner as seems best 
in the circumstances of each case, and make arrange- 
ments for the propermartagement of the endowment, 
subject to the provisions of this Act Provided 
that no order involving assumption by the Sirkar 
of the management of any institution under this 
section shall be passed except with Our previous 
sanction. 

Where an order is passed under sub*section (1), 
Our Dewan may pass such order or further orders 
as he may deem necessary, incidental or conducive- 

57 Act VIII of 1116 



239 


to the carrying ont of the order including orders for 
the search or seizure of the keys, jewels, vessels, 
furniture, records and other: properties movable or 
immovable belonging to the said institution, or for 
the transfer of their possession [to such person or 
persons as Our Dewan may direct. 

* (3) If a trustee or servant of an institution or any other 
person knowing that an orderjunder sub-section (1) 
or sub-section (2) has been passed, disobeys any 
direction contained in such order or otherwise fails 
to comply with the requirements ofithe ’said order 
within the period prescribed in such order, or if no 
such period is prescribed, within a reasonable time, 
Our Dewan may impose upon.bim a fine not ex- 
ceeding Rs. 50 for each day during which dis- 
obedience or default continues and he shall also 
be deemed to have committed an offence under 
Section 181 of the Travancore 'Penal Code'j 

Provided that Our Dewan may also in his discre- 
tion, if sufficient cause or excuse is shown, cancel 
any order imposing fine which he has'passed under 
this section. 

7. Enquiries under Section 6 of this Act shall be con- 
•ducted in the presence of the parties interested in such enquiry or 
their authorised agents, and the Officers holding 
Act VI of 1073. such enquiry shall have the same powers as an 
Officer holding a formal Departmental enquiry 
under Act VI of 1073. 


Added by Act VII I of 11)6. 




240 


8* In cases where Sirkar assumes the management, the 
institution shall be managed in the same manner as Sirkar insti- 
A'=sumed inst.- tutions of the Same class, subject to the provisions 
nagediiite'sirTar of any scheme, canons or usages, if any, established 

m’titutiCjQsof the , , ^ , r i 

same class by the founder or founders- 

9. Where the Sirkar exercises the power of superinten- 
dence over institutions referred to in clause (2) of Section 5, it 
„ . , may, if»satisfied that the removal or dismissal of a 

Removal of trus- 


member of the qJ {Jig institution, fcmove such trustec or trustees. 

same family, if 

t^ustMshipishere atid. where such trusteeship is hereditary, shall 
appoint a competent adult male member of the 
family in which such trusteeship is hereditarily vested, and, in 
other cases, shall make the appointment in consonance with the 
scheme of management, if any, existing in such institution or the 
usages of such institution: 

Provided that,^ where no competent adult male member 
Proviso family is available, the Dewan may, with 

Our sanction, appoint a proper person to be trustee. 

10. For the effective superintendence of endowments 

. referred to in clause (2) of Section 5 of this Act, 

Aaministratian . 

tif endewmentby Dewan may, with Our sanction, either appoint 
officers or Com- ^ _ r cc • i , 

mittees. officers Of a Commiuec consisting of omcials and 

non-officials. 

11. The Dewan may, with Our sanction, from time to 

time, pass Rules regulating the constitution and the 
mave* Rules for dluies of Committees, the qualifications of members 

the constitulioQ , . j .i_ • , 

and conduct of Other such matters Connected therew 1th. 

Committees. 

12. In cases where the trusteeship is conferred by election, 


The Devran to 


the Dewan may, with Our sanction, pass Rules^ 


regulating such election. 



24 ] 


13. The Dewan may, with Our sanction, withdraw from 
the management or superintendence of any endowment assumed 

„ under this Act and restore the same to the original 

restore to donors donors Of trustees ot their representatives, if he is- 

«r trnstees ea- ‘ 

dowments once satisfied that such a measure is desirable in the- 

assamed. 

interests of the institution, subject to such condi- 
tions as be may deem fit to prescribe at the time of restoration. 

14. All expenses which may have to be incurred by the- 
Sirkar in carrying out the provisions of this Act may be defrayed 

out of the funds of the institutions concerned 
to be according to the Rules to be made from time to- 

time by the Dewan, with Our sanction. 

15. The Dewan may, with Our sanction, direct that the 
rents and other dues of any Hindu Religions Endowment be 
direct*the*eoiiec* collected as arrears of public revenue under the 

provisions of the Revenue Recovery Act [Iofl068)r 

Provided : — 

(a) that in the case of endowments assumed by the 
Sirkar whether before or under this Act, the rent- 

Ftovuo roll is settled and the liability of each tenant is- 

• definitely recorded, after due enquiry, by an Officer 

, appointed by the Sirkar, and 

(b) that, in case of other endowments, there are written 
agreements between the institutions and the tenants 
fixing the amount of rent and other duesi ot the- 
claim to the rent or other dues is admitted by the 
tenant or established by the decision of a compe- 
tent Civil Court. 

16^ It shall be competent to Out Dewan to prescribe the 

necessary Forms for accounts, statements and returns to be 



2A2 


submitted by trustees, Officers or committees under this AcV 
The Dewan to and, with Our sanctioH, to frame Rules from 

frame Rules for ’ ’ 

trying out this to time for the carrying out of the pur- 

poses of this Act, and they shall be published in the 
•Government Gazette and shall have the force of law. 

17. No action for damages shall lie againt the Sirkar or 
any of its officers or any of the members of the committee 

appointed under this Act or against any persoa 
® ' not under, or 1.1 pursuance of the authority con- 

iiabie for damages ferred by this Act, for Any act bona fide done or 
ordered to be done under this Act: 

Provided that this Section shall not bar the institution by 
any person of any suit for the establishment or 
Proviso declaration of any right affected by any act or 
order done or passed under this Act. 

18. All endowments falling under this Act shall be treated 
as corporation sole and shall sue and be sued in the name of the 

actual manager thereof, known as Samudayam, 

Maoagers &utho 

belied’ **** Manushyam, Adhigari or by any other name, whe- 
ther or not such manager has the power of entering 
into contracts binding the endowment. 

19. Nothing in this Act shall be taken as in any manner 

affecting the provisions of Section 511 of the Civil 
the Civ°i" Proce Procedure Code (Act II of i0§5), or the right, if 
pfy *to"*these° en* any, possesscd or enjoyed by any person to share 
dowments. income of an endowment. 

*20. All unassigned lands belonging to any Devaswom 
Land Conser- Under tite sole management of Our Government 
To uads*^o{°DevI^ deemed to be property of Our Government 

swoms under Go- under the Land Conservancy Act, of 1091 (IV of 

vernment manage* . . 

ment. 1091), and all the provisions of that Act shall, so 

far as they are applicable, aou.y to such lands. 


Added by act 111 of IlIO. 



243 


21 .( 1 ) 


Cypres appliea* 
tiOQ of endow- 
ZBeat of sarplus. 


Our Devran may, after holding an inquiry in such 
manner as he may deem fit, by order with Our 
previous sanction, declare that the purpose of a 
religious endowment has from the beginning been, 
or has subsequently become impossible of realisation 
or that the machinery for effectuating the original 
purposes of the endowment has failed or no longer 
exists, or that after satisfying adequately the 
purposes of the endowment and after setting apart 
a sufficient sum for the repair and renovation of 
the buildings connected with the endowments there 
is a surplus which is not required for such purposes; 
and may, by such order, direct that the amount of 
the endowment, or such surplus as is declared to be 
available, as the case may be, be appropriated to 
religious, educational or charitable purposes not 
inconsistent with the objects of such endowment; 


Provided that in the case of an institution founded and 
maintained by a community, the amount the endowment or 
the surplus shall, as far as possible, be utilised for the benefit of 
the commun ty for the purposes mentioned above. 

(2) It shall be comoetent for Our Dewan when giving- 
a direction under sub-section (1) to determine what 
portion of such amount or surplus shall be retained 
as a reserve fund for the institution and to direct 
the remainder to be appropriated to the purposes- 
specified in that sub-section 

(3) Our Dewan may at any time by order and in the 
manner provided in sub-section (1) modify or 
cancel an order passed under that sub-section. 

0) All orders passed under this section shall be- 
published in Our Government Gazette. 



ACT IV OF 1100. 


PASSED Under date the 7Tn karkatakaii IIOO 
CORRESPONDING WITH THE 22ND JuLT 1925, UNDER 
S 20 OF THE TraVANCORE LEGISLATIVE 
Council Act II or 1097. 


L This Act shall be called the Hindu Religious Endow* 
Short title tnd TTients (Administration) Act and shall come into 
force immediately. 


oomtneacemeot 


2. Our Government may* by notification in the Govern- 
ment Gazette, appoint any person by name, or by virtue of his 
office, to exercise all or any of the powers conferred upon Our 
Dewan under the Hindu Religious Endowments Act, III of 1079. 



ACT IV or 1123 


THE HINDU RELIGIOUS ENDOWMENTS 
(ADMINISTRATION) (REPEALING) ACT 1123. 

PASSED BY HIS HIGHNESS THE MAHARAJA OF TRAVAKCORE 
UNDER DATE THE IOTH MEENAM 1123 CORRESPONDING TO THE 
-i3RD MARCH 1948. 

An Act to repeal the Hindu Religious Endoxcntenis 
(Administration) Act. 

Whereas it is expedient to repeal the Hindu Religions 
Endowments (Administration) Act {IV of 1100); 

Ftaktnble. 

It is hereby enacted as follows:— 

1. (1) ThU Act may be called the Hindu Religious 

Endowments (Administration) (Repealing) Act, 1 123. 

Short title and 
<e3]meflcemeflt* 

(2) It shall come into force at once* 

2. The Hindu Religious Endowments (Administration) 

Act (IV of 1100) is hereby repealed* 

Repeal of Act 
IV ol 1100. 


SIGN MANUAL. 



ACT V OF 1123. 


THE HINDU RELIGIOUS ENDOWMENTS 
(AMENDMENT) ACT, 1123. 

TASSHD HY ins HIGHNESS THE MAHARAJA OF TRAVANCORE 
UNDER DATE THE IOTII MEEHAM 1123 CORRESPONDING TO THE 

23rd march 1948. 

Whereas U is expedient further to amend the Hindu 
Religious Endowments Act of 1079, (Act III of 
P'“"bi' 1079) as amended by Acts VI of 1088, III of 1092, 

III of 1110, XVI of 1115 and VIII of 1U6 for certain purposes; 

It IS hereby enacted os follows •— 

This Act may be called the Hindu Religious 
Endowments (Amendment) Act, 1J23. 

It extends to the whole of Travancore. 

It shall come into force at once. 

In sub-section (I) of Section 5 of the Hindu Reli- 
gious Endowments Act of 1079 (Act Ilf of lO/S) 
as amended by Acts VI of iOS8, 111 of 1092, III 
of 1110, XVI of 11*5 and YIII of 1116 (herein 
■a.'iw " 2 ^ tbe. Anti foe Oae. wotds. “tbA 

Sirkar,” the word *‘We” shall be substituted. 

In clause (c) of sub section (1) of Section 6 of the 
said Act, for the words “the Sirkar has,” the words 
"We have” shall be substituted. 

In clause (d) of sub-section (1) of Section 5 of tne 
said Act, for the words “the Sirkar ha-?” the words 
“We have” shall be substituted. 


1 .( 1 ) 
Short Titta, tad 
Cosmeoceoeot 

( 2 ) 

(3) 

2.(1) 

Ameadmeot of 
Sectiou 5 , Act 111 
of 1079 


( 2 ) 


( 3 ) 



247 


\A) In sub-section (2) of Section 5 of the said Act, for 
the words *' the Sirkar,** the word “We” shall be 
substituted. 

3. In sub-section (1) of Section 6 of the said Act, the 
Amendznear of words “ by the Sirkar*’ occurring in the proviso to 

of 1079 .^ that sub-section shall be omitted, 

4. In Section 8 of the said Act — 

(1) for the words “the Sirkar assumes,” the words 
Amcodmeat of '* We assume” shall be substituted ; 

Seci’on 8< Act 111 
of 1079. 

(2) the Word “ Sirkar” occurring for the second time in 
the section shall be omitted. 


5. In Section 9 of the said Act— 

(t) for the words “the Sirkar exercises,** the words 

Affiendincat of “We exercise” shall be substituted ; 

'Stctiond, Act in 
of 1079. 

(2) for the word “it,** the word "We” shall be 
substituted. 


6. In Section 14 of the said Act the words “by the Sirkar” 
Ameodment cf shall be omitted* 

Section 14, Act 
in of 1079. 


7. In proviso (a) to Section 15 of the said Act — 


Amendment of 
'Section 15, Act 
111 of 1079. 


(1) the words “by the Sirkar” shall be omit- 
ted ; 


(2) the words “ by an officer appointed by the Sirkar ** 
shall be omitted. 


8. In Section 17 of the said Act for the words “the Sirkar 
Amendment of or any of its officers,” the words “any officer” shall 

■Section 17. Act , . , j 

111 of 1079. be substituted* 



9. In Section 20 of the said Acti for the words ‘‘the sole 
Amendment of management of Our Go\ernment,’’ the words “Our 

Section 20, Act , « . n t . « 

III of 1079 sole management shall be substituted 

10. In the said Act, for the words “ Our Dewan or 
• TheDevas*om “the Dewan " wherever they occur, the words 
besubstiiutedfor ‘‘the Devaswom Commissioner " shall be substi- 

Our De \an’ or 

the Dewan tUted* 


SIGN MANUAL 



ACT III OF 1029. 


THE HINDU RELIGIOUS ENDOWMENTS ACT. 

(As amended by 'Acts VI of 70SS, III of 7092, III of 
77 JO, XVI of 7715, VIII of 7176 ami V of 7 723. ) 

AN ACT TO PBOV'IDE FOR THE BETTER ADMINISTRATION 
OF CERTAIN HINDU RELIGIOUS ENDOWMENTS 
IN TRAVANCORE. 

PASSED BY HIS HIGHNESS THE MAHARAJA OF TRAVANCORE 
ON THE 13th DECEMBER 1903 CORRESPONDING 
WITH THE 26th VRISCHIKOM 1079, 

UNDER SECTION 13 OF 
ACT V OF 1073. 

Whereas it is expedient to provide for the better admini- 
* stration of certain Hindu Keligious Endowments 
PreambJ*. in Travancofej 

It is hereby enacted as follows; — 

1. This Act shall be called *' The Hindu Religious 

Endowments Act of 1079”, and shall come Into 
she el 2S>?9, 

2. It extends to the whole of Travancore. 

Xoul ext*ot. 


3. In this Act, unless there be something repugnant- in 
the subject or context, ” Hindu Religious Endow* 
ments” shall mean and incliidt; — 

(a) everj' Hindu temple or shrine or other religrous 
endowment dedicated to, or used as of right by 
onnCadtwSeafs" the Hindu Community OF any ECciion thereof; and 



250 


• (b) every other Hindu endowment or foundation, by 
whatever local designation known, and property 
endowments and offerings connected therewith, 
whether applied wholly to religious purposes or 
partly to religious and partly to charitable nr other 
purposesi and every express or constructive trust by 
which property or money is vested in the hands of 
any person or persons by virtue of hereditary 
succession or otherwise for such purposes ; 

but shall not include any Hindu religious institution 
Proviso, belonging to and under the sole management of a 
single family : Provided that, where the manage- 
ment of a religious endowment has passed into the 
hands of several branches by division among the 
members of the original family, the endowment 
may nevertheless be considered as being in the 
management of a single family for the purpose of 
this Act. 

Explanation ', — The expression “hereditary succession** 
shall include succession to a “ Guru” by a disciple by nomination 
or otherwise. 

“Trustee” shall mean the person or persons in whom the 
administration of the affairs of a religious endow- 
ment is vested in trust or holding any property in 
trust therefor, by whatever designation such person or persons 
may be known. 


Ameodmeots added by Act XVI of lil5. 



251 


4. It shall be competent to Devaswom Commissioner, by 
Power oi theOe- g notice, to Call Upon the trustees or managers of any 

▼aswom Commis- ’ ^ 

sionertocaiiapon endowment falling Under the definition in Section 3, 

trusteesof endows 

ments to submit to submit periodical accounts of income and expendi- 

penodical acc* . . , . ^ 

tmnts lutsofpro- tufc, or Iists of properties, jewels, vessels furniture, 

pertiess &c , and 

power of officer or Other things belonging to the endowments under 

deputed toreqnire 

them to furnish thcif charge, or depute any Oracsr to examine and 

records or infor> » 

mation or to as- Verity the Same* 

s<st mbib examin* 
ation of accounts, 
ftc. 

It shall also be competent to the Officer so deputed to call 
upon the trustees and managers, by a notice, to furnish him with 
all the accounts or other records or information he may require 
for the purpose of examination and verification and also to assist 
"him in the examination of accounts and movable property. 

The notice shall be served in the manner prescribed by 
the Code of Civil Procedure for the service of summons. 


Where the Officer deputed under this section finds that 
any movables are lilcely to be removed or misappropriated, he 
shall make an immediate report to the Devaswom Commissioner 
taking such steps for their temporary safe custody as may be 
jiecessary. On receipt of such report, the Devaswom Commis- 
sioner may, after hearing the parties concerned, pass such orders 
as he may think proper. 

Any trustee or manager who wilfully or contumaciously 
disobeys any order passed by the Devaswom Commissioner or any 
notice issued under this section, shall be liable to a fine not exceed- 
ing rupees fifty for each act of disobedience and to dismissal if he is 
found guilty of three such acts of disobedience. The fines imposed 
under this Section may be recovered as arrears of public Revenue. 

♦ The pouer to award punishments under this section shall 
ie vested in Devaswom Commissioner. 


.Added by Act VHi cf 1JI6 



232 


5. (1) 


Cases where the 
soferejga asay **• 
samemanageineDt 
orsapennleedthe 
msoagenent of 
eodowments* 


We may assume the management of Hindu religious 
endowments in the cases following: — 

(a) On the application and the request of a 
majority consisting of not less than two-thirds of 
the trustees, or of the donors in cases where the 


donors have reserved to themselves the power of 


appointing and dismissing trustees; 


(b) On the refusal of the trustees to continue in the 
trusteeship or on their own admission of incapacity 
to continue in the trust-management ; 


(c) In cases where We have the right to take part 
in the management by appointment of certain 
officers or servants according to existing usages, if 
the trustees have failed to carry on their duties 
properly and in the best interests of the institution; 

(d) In cases where We have succeeded to the right 
of management, in part, by reason of escheat of 
trustees, if the remaining trustees have failed to 
carry on their duties properly and in the best inte- 
rests of the institution; and 


•(e) In cases of proved mismanagement although the 
institutions do not fall under sub-clause (c) or sub- 
clause (d) of clause (1) of this section. 

Explanation to f'aj.— The word “donors** includes the 
legal representatives of the donors. 

^(2) Notwithstanding anything contained in clause (1) 
We may exercise such superintendence in the 


I 


• Added by Act Vlli of 1116. 

t Amendments added by Act * 


' H16. 



253 


management over any institution to which this Act 
applies as to best fulfil the objects of the trust, if the 
trustees have failed to carry on their duties properly 
and in the best interests of the institution. 

6. (1) Befme assuminR or exercising superintendence in 
Encioity .nd rs management of any Hindu religious endowment 
provisions of this Act, the Devaswom Com- 
missioner shall require an officer not inferior in rank 
*n'’'!h°''m^anjVe- Assistant Peishkar or a Devaswom Assistant 

Commissioner to enquire into the affairs of such 
endowment and to submit a full report. If, on such 
report, and after hearing the parties interested or 
affected, Devaswom Commissioner be satisfied that 
a coirdition precedent as set forth in Section 6 
exists, he may pass such order for assumption or 
superintendence as enabled by that section. The 
order passed shall be notified in the Gazette. From 
the laose of eight weeks from the date of such 
notification, the Devaswom Commissioner may 
carry out the order in such manner as seems best 
in the circumstances of each case, and make arrange- 
ments for the proper management of the endowment, 
subject to the provisions of this Act- Provided 
that no order involving assumption of the manage- 
ment of any institution under this section shall be 
passed except with Our previous sanction. 

• (2) Where an order is passed under sub-section (1), 
Devaswom Commissioner may pass such other or 
further orders as he may deem necess-ary, incidental 


Added by Act VII \ of 1116. 



254 


or conducive to the carrying out of the order in- 
cluding orders for the search or seizure of the keySj 
jewels, vessels, farniture, records and other pro- 
perties movable or immovable belonging to the said 
institution, or for the transfer of their possession to 
such person or persons as the Devaswom Commis- 
sioner may direct. 

* (j) If a trustee or servant of an institution or any other 
person knoviing that an order under sub-section fJ) 
or sub-section (2) has been passed, disobeys any 
direction contained m such order or otherwise fails 
to comply with the requirements of the said order 
within the period prescribed in 'Such order, or if no 
such period is prescribed, within a reasonable time, 
the Devaswom Commissioner may impose upon him 
a fine not exceeding Rs. 50 for each day during 
which disobedience or default continues and he shall 
also be deemed to have committed an offence under 
Section 181 of the Travancote Penal Code : 

Provided that the Devaswom Commissioner may also 
in his discretion, if sufficient cause or excuse is 
shown, cancel any order imposing fine which he has 
passed under this section. 

7. Enquiries under Section 6 of this Act shall be con- 
ducted in the presence of the parlies interested in such enquiry or 
their authorised agents, and the Officers holding 
such enquiry shall have the same pouers as an 
Officer holding a formal Departmental enquiry 
under Act VI of 1073. 


‘ Added by Act VIIl of 1116. 



255 


b’. In cases where We assume the management, the 
institution shall be managed in the same manner as Sirkar insti- 
Aisumed tn%u- lutions of the same class, subject to the provisions 

tntionstobe ma- , , 

steed like oti er Of any scheme, canons or usages, if any, estabusbea 

IQ<titUllODSOl the . , r t r 9 

same clast- by the founder or fonnoers. 


9. Where We exercise the power of superintendence 
over institutions referred to in clause (2) of Section 5, We 
Removal of truf if satisfied that the removal or dismissal of a 

lee and appoint- trustee or trustees is necessary in the best interests 

mem of another 

member of the of the institution, rcmove such trustee or trustees, 
irusieeshipishere- and. where such trusteeship is hereditary, shall 
appoint a competent adult male member of the 
family in which such trusteeship is hereditarily vested, and, in 
other cases, shall make the appointment in consonance with the 
scheme of management, if any, existing in such institution or the 
usages of such institution : 


Provided that, where no competent adult male member 
Proviso. of family is available, the Bevaswom Com- 
missioner may, with Our sanction, appoint a proper 
person to be trustee. 


10. For the effective superintendence of endowments 

.. referred loin clause (2) of Section 5 of this Act, 

AdministntiOB , — , • , .-x 

of endowment by the Devaswom Commissioner may, with Uur sane- 
tion, either appoint officers or a Committee con- 
sisting of officials and non.officlals. 

11. The Devaswom Commissioner may, with Our sane- 

TheDevaswom from time to time, pass Rules regulating the 

"'rX" for constitution and the duties of Committees, the quali- 
the consiiintioQ fications of members and other such matters con- 

and conduct of , , 

CoranUtew. nected therewith. 


1 2. In cases where the trusteeship is conferred by election, 
TheDeta^wom the Dfivaswom Commissioner may, nithOorsano 

■vionjtn <ionfr to ^ 

Tuut ng 'elVetVo ' pass Rules regulating such election. 



256 


13. The Devaswom Commissioner may, with Our sanc- 
tion, withdraw from the management or superintendence of any 
Tiie Devaswom endowment assumed under this Act and restore 
Cammissionet may samc to the original donofs or trustees or 

tesiore lo donors 

cr trustees en- their representatives, if he is satisfied that such a 

oowments once 

assumed measure is desirable in the interests of the institution, 

subject to such conditions as he may deem fit to prescribe at the 
time of restoration. 


14. All expenses which may have to be incurred in carry- 
ing out the provisions of this Act may be defrayed 
Expenses how gf funds of the institutions concerned 

according to the Rules to be made from time to time 
by the Devaswom Commissioner with Our sanction. 


15. The Devaswom Commissioner may, *witb Our sanc- 
tion, direct that the rents and other dues of any Hindu Religious 
The Deva^waffl Endowment be collected as arrears of public re> 

CommisHOner \o , . . . f . ^ 

direct the coilec* venue underthe provisions of the Revenue Recovery 

tioa ol reats, Ac., . . (t 
oftrosta Act (lof 1068): 

Provided J— 

(a) that in the case of endowments assumed whether 
before or under this Act, -the rent-roll is settled and 
Proviso the liability of each tenant is definitely recorded 
after due enquiry, ’and 


lb) that, in thecase of other endowment, there ate writ- 
ten agreements -between the institutions and the 
tenants fixing the amount of rent and other duest or 
the claim to the rent or other dues is admitted by 
the tenant or established by the decision of a 
competent Civil Court. 

16. It shall be competent lo the Devaswom Commissioner 
to prescribe the necessary Forms for accounts, statements and 



257 


returns to be submitted by trustees, Officers or committees under 
Tb8 DcTMwom this Act, and, wiili Our sanction,* to frame Rules 
•irnnie Rnies for from time to time for the carrying out of ihe pur- 
Mrrrmg o i is published m the 

Government Gazette and shall have the force of law. 


17. No action for damages shall lie againt any cfHcer 
or any of the members of the committee appoint- 
not Under this Act, or against any person acting 
liable for dfctnfcgM under, or in pursuance of the authority conferred 
by this Act, for any act hona /fdedoneor ordered 
to done under this Act: 


Provided that this Section shall hot bar the institution by 
any person of any suit for the establishment or 
Proviso. declaration of any right affected by any act or 
order done or passed under this Act. 


18. All endowments falling under this Act shall be treated 
as corporation sole and shall sue and be Sued in the hame of the 
Maaagerstniho manager thereof, known as Samudayam, 

bTaueS **** ^°^ Manushyam, Adhigari or by any Other name, whe- 
ther or’not such manager has the power of entering 
into contracts binding (he '•ndowment. 


19. Nothing in this Act shall be taken as in any manner 


Sectioo 511 of 
ihe Civil Proce 
dare Code to tp 
pljr to these e&- 
dowments. 


affecting the provisions of Section 511 of the Civil 
Procedure Code (Act II of l0§5), or the right, if 
any, possessed or enjoyed by any person to share 
in the income of an endowment. 


^0, All unassigned lands belonging to any Devaswom 
^ ^ under Our sole management shall be deemed to 
vaocyActioeppiy be property of Our Government under the Land 
Conservancy Act, of 1091 (IV of 1091), and all the 
provisions of that Act shall, so far as they are 
applicable, apply to such lands. 



258 


21,(1) The Devaswom Commissioner may, after holding 
Cypres ftppiica- i*’ such manner as he may deem fit, by 

mcaiofsarpt' '^ith Our previous Sanction, declare that the 

purpose of a religious endowmertt has from the 
beginning been, or has subsequently become im- 
possible of realisation or that the 'machinery for 
effectuating the original purposes of the endowment 
has failed or no longer exists, or that after satisfying 
adequately the purposes of the endowment and 
after setting apart a sufficient sum for the repair 
and renovation of the buildings connected with the 
endowments there is a surplus which is not required 
for such purposes; and may, by such order, direct 
that the amount of the endowment, or such surplus 
as is declared to be available, as the case may be, 
be appropriated to religious, educational or charit- 
able purposes not inconsistent with the objects of 
such endowment: 

Provided that in the case of an institution founded and 
maintained by a community, the amount of the endowment or 
the surplus shall, as far as possible, be utilised for the benefit of 
the community for the purposes mentioned above, 

(2j It shall be competent for the Devaswom Commis- 
sioner when giving a direction under sub-section (1) 
to determine what portion of such amount or surplus 
shall be retained as a reserve fund for the institu- 
tion and to direct the remainder to ba appropriated 
to the purposes specified in that sub-section. 

(3) The Devaswom Commissioner may at any time 
by order and in the manner provided in sub-section 
(1) modify or cancel an order passed under that 
sub-section. 

(4) All orders passed under this section shall be 
published in Our Government Gazette, 



PROCLAMA.TION 


BY HIS HIGHNESS THE MAHARAJA OF TRAVANCORE, 

ISSUED UNDER DATE THE IbT EDAVOM 1068 
CORRESPONDING TO THE 13TH MAY 1893. 

Whereas Inams attached to specific services of any 
^iscription have, from their nature and immemorial usage, been 
recognised as inseparable from the services for which they are 
granted, and inalienable; and whereas doubts have arisen as 
to the eflfect of paras 6 and 7 of Section 24 of the Royal Pro- 
clamation dated 24th February 1886/l4th Kumbhom 1061 in 
respect of such Inams; and whereas it is expendient in the 
interests of the services concerned to remove such doubts; We 
are pleased to declare as follows 

1. The provisions of paras 6 and 7 of Section 24 of the 
Royal Proclamation dated 24th February 1886/I4th Kumbhom 
1061 shall not be taken to apply to Service Inams descrjded in 
para 1 of the same Section. 

2. All alienations of Inam lands attached to specific 
services of any description which have been or which may 
hereafter be made, contrary to past usage, shall be treated as 
null and void. And it shall be competent to Our Government 
to resume the lands so alienated and re-attach them to the 
services i 

Provided that Our Government may, at its discretion, 
deal with the resumed lands and the services connected there- 
with in any other manner it may deem fit. 

3. No Civil suit shall lie against Our Government m 
respect of anything done under the lost preceding Section. 



PROCLAMATION 


BY HIS HIGHNESS THE MAHA RAJA OF TRAVAr^QORE, 
ISSUED UNDER DATE THE 29TH MEDAM JOSS 
CORRESPONDING WITH THE 
Uth MAY 1913, 

Whereas certain services m Our Devaswoirs, such as 
Tantrom, Santhi, Kazhakom, &c., had been formerly granted to 
and are being enjoyed as Karanma by certan families , And 
whereas the holders of the said Kdranma services had also been 
granted landed property, or Thiruppuvarom, or other emolu- 
ments, as remuneration for the due performance of the services; 
And whereas it has now been represented to Us that the holders 
of the said Karanma services, owing to incompetency, negligence 
or other cause, do not generally perform such services properly 
any regularly, and also that some families holding the «aid 
Karanma have alienated the services or properties or Thiruppu- 
varoms or other emoluments attached thereto for pecuniary 
consideration or otherwise, And whereas We consider it essential 
that, m the interests of Our Devaswoms, the said services should 
all be duly performed ; And whereas, for an efficient administra- 
tion of Our Devaswoms, it is necessary to declare that Our 
Government have absolute control over the holders of alj 
Karanma services and also over all the properties, Thiruppu- 
%aroms and other emoluments attached thereto , We are hereby 
pleased to command that, whenever it is reported to Our 
Government that, owing to mcompetency, negligence or other 
cause, any Karanma service IS not being properly and regularly 
performed, or that an alienation of a Karanma service, or of the 
property, Thiruppuvarom or other emolument attached .thereto, 
has been effected by the Karanma holder or by any member or 



261 


members of the Karanma family, Our Government shall give 
due notice of the charge to the head of the family and the 
next senior member, and also to the alienor or defaulter if he 
is neither the head nor the next senior member, and also to 
such other members of the Karanma family as Our Government 
may deem necessary, and if, after hearing their objections, if 
any, Our Government are satisfied that there has been an 
alienation of the Karanma service or cf the property or of the 
Thiruppuvarom or of the other emolument attached thereto, or 
that, owing to incompeteney, negligence or other cause, there 
has been a failure to perform the service properly or regularly, 
Our Government shall suspend, remove, determine, cancel, 
or deal with in any other manner the Karanma right of the 
family to the service and “We are further pleased to command 
that the decision of Our Government that any service or 
property or Thiruppuvarom or other emolument attached 
thereto has been alienated, or that, owing to incompetency, 
negligency or other cause, any service has not been properly or 
regularly performed, shall be final, and that no action shall 
he in any Court against Our Government for any act done or 
ordered to be done in pursuance of this Proclamation! 



APPENDIX I. 


ANU OF SANNAD ADDRESSED TO THE NINE 
MUKATHU SARVADHIKARIAKARS 


9S1 M. B, 

Devaswom affairs in this country have long been the 
subject oi my anxiety, because the landed properties of the Deva- 
swoms are uncultivated and yield no revenue and, on account of 
frauds, there are heavy arrears and defaults in ceremonies in the 
Devaswoms. Frauds and discrepancies are taking place in the 
expenditure laid down for the Devaswoms and in connection with 
Pattuparivattam (cloth for the idol), Thiruvabharanam (ornaments 
for the idol) and temple vessels. I am fully convinced from the 
petitions received from (he respective Mandapathuvathukkal 
Kariakars that these circumstances are due to damages taking 
place in several ways and to the temples not being thatched and 
repaired from time to time (the rest of the sentence yields no 
connected meaning, the original being marked as damaged in 
several places). Action should be taken in respect of those 
matters as directed below. The respective Mukhathu Sarvadhi- 
kariakars and the Kariakars should keep Devaswom affairs under 
their control* In the same way as steps are taken for the cultiva- 
tion of Pandaravagai properties and the collection of taxes there- 
from when loss of revenue is caused on any account in respect 
of them, similar measures should be taken in regard to the De\a- 
swom fields and the cultivation of the uncultivated Devaswom 
lands ; and the cost of seeds and labour therefor should be fully 
realised, and the paddy money collected from the Devaswom 
lands should, in the same way as Pandaravagai money is remitted 
in the Huzur Treasury, be remitted to the Mandapathuvathukkal 



263 


and e'rpended, according to mamoo], for the pooja ceremoney. 
With regard to the opening and inspection of the rooms in which 
the Devaswom Thiruvabharanam, Parivattam, etc , are kept, the 
Sarvadhikariakar, Melazhuthupillai, the respective Mandapathu- 
vathukkal Kariakar, and the Thirumukham pidicha piilai should 
have them opened in their presence, inspect the above (damaged) 
prepare a list showing the (damaged) possessed by each Deva- 
swom, send one copy of the list to the Huzur and another to the 
Maharaja and take the necessary measures to prevent any loss of 
the articles mentioned above. The respective Mandapathu- 
vathukkal Kariakars should look after the Nithyanidanam, Pooja 
ceremony, Masavisesham, Attavisesham and the repair works of 
the Devaswom* and see that they are properly conducted, The 
Kuriakars will be held responsible for the contravention of this 
order and any default in the conduct ol the above mentioned 
ceremonies Whoever fails to bear this in mind and duly manage 
Devaswom affairs as described above and cause default in any 
particular matter, will, on being reported to me then and there, 
be dismissed from service at once. Furthermore, as there are 
extensive landed properties belonging to Devaswoms, their 
revenue should be fully collected and remitted; waste lands 
should be cleared and cultivation conducted by payment of the 
cost of seeds and labour from the Devaswoms in the same way 
as directed in the order regarding the cultivation of uncultivated 
Pandaravagai lands by the payment of the cost of seeds and 
labour where necessary ; Kaicharthu (title-deeds) should be given 
to Devaswom tenants in the same way as they are issued to 
Pandaravagai tenants; Devaswom garden lands should be settled 
in the same way as ordered in the <ase of (Pandaravagai) garden 
lands and their revenue should be ccV.‘czsd and remitted as 
directed above ; and Devaswam acco— is should be prepared 
and submitted to the Huzur then and rhere in the same 



264 


the D. C* B* accounts of Pandaravagai are prepared and submit- 
ted every month. Some of the Devaswoms being situated 
in the hill tracts, I think that thieves are emboldened by the 
nearness of the forests to seal and plunder the properties of such 
Devaswoms. On receipt of a report as to which of the temples 
are situated in the hill tracts and what are the properties belong- 
ing to them orders will issue appointing Nairs or sepoys to guard 
them. 


3rd Kanni 987. 


COL. MUNRO. 



APPENDIX n. 

MB, BAMACHANDKA KAO'S REPORT ON 

STATE CHARITIES AND DEVASWOMS 

PART n-DE¥SS¥/OMS 

CHAPTER I 

INTRODUCTION 
SIREAR DEVASWOMS 

According to the Daza Jabba table of Travancore given 
by Lieutenants Ward and Conner, there are in this country 
3,662 principal temples dedicated to superior divinities, 13,862 
temples and groves dedicated to several minor divinities and 871 
public religious buildings Of these, 378 major temples of 
varying degrees of importance and 1,171 minor ones are, accord- 
ing to the Administration Reports of 1048 and 1049, supported 
Ijy the State* The former are known as incorporated temples 
from the circumstance that the details of their expenditure are 
brought to book The latter are known as unincorporated 
temples The Sirkar makes some fixed pavments to these latter 
institutions general}* to the Provenhikaran or some other 
individual, and he is supposed to manage their affairs. 

2. The annual financial statement of 987 shows that in 
the said year about temples were assumed bv the Sirkar* 
The remaining Devaswoms were assumed at some other lime and 
a few of them probably ev'en anterior to 9S7. There is a 
difference in the number of temples between the returns received 



266 


from the taluks and the statement contained in the Administration 
Report just cited. I shall refer to this subject later on. 

3. Of the unincorporated temples, some ate private 
institutions managed by trustees or Ooranmakars &c. The rest 
are wholly under Sirkar management. 

4* Besides the institutions assumed as above, there are a 
few others whose management has devolved on the Sirkar, in 
recent times, wholly or partially, by the consent of the trustees, or 
by reason of escheat (the lion of all or some of the trustees having 
become extinct), or by reason of the incapacity of Ooranmakars 
for management* Such institutions are at first classed as 
unincorporated Devaswoms and are afterwards transferred to the 
incorporated cUss, The Ooranma temple of Thoravoor is 
an instance of assumption due to mismanagement of the Ooran- 
makars. The temple of Kavyoor was taken into the category of 
incorporated temples recently for similar reasons. 

5. In addition to the temple institutions mentioned above 
there are a few others which are treated differently, They are 
not classed with the incorporated and unincorporated Devaswoms* 
Their properties are kept intact and the expenditure is confined 
to the income. 

6. Dewan Mr. Sashiah Sastri has written as follows in his 
first Administration Report. “The State had no concern with 
the management of any temples before the year 987 when the 
landed property of 378 temples was assumed by the State and 
the management taken over. The other minor temples 1,171 m 
number which had no property, were also assumed either before 
or at that date. The expenditure, establishments, and the routine 
of ceremonies, rules for management, all were [settled on this 
occasion on a prominent basis." This passage appears to be 



267 


inaccnrate in part and ambiguous as to the rest. The inaccurate 

statements are those relating to the number of temples assumed 

in 987 and to the solvency of the minor temples which were 

assumed. The accounts of 987 show, as already observed, that 

only 348 of the incorporated temples were assumed in that year. 
The correct numbtf of minor temples assumed, appears to be 
about half of Mr. Sashiah Sastri's figure including a few which 
have now ceased to exist. The remaining temples included m 
the category by Dewan Sashiah Sastri are private institutions 
receiving contribution from the State. Some of these minor 
temples have properties though they are not considerable in 
value. The ambiguity I referred to is regarding the signification 
of the expression “ on a permanent basis" which is declared to be 
the character of the settlement made in 937. Does the expression 
mean that the institutions are not entitled to any relief whatever 
beyond the amount fixed in 987 though owing to the general 
advance of prices the money allotment made then may be found 

inadequate or, does the expression simply mean that the padivu 
fived in provisions should be adhered to for all time to come? 

This is a matter which requires careful consideration and depends 
for its solution on the nature of the act of assumption. I shall 
not say more on the subject here. The properties of Sirkar 

incorporated and unincorporated Devaswoms are. in the words 
of the late Dewan Mr. Shungtasoobier, treated "to all intends 

and purposes as “ Sirkar.” Probably he meant simply to convoy 
that these Devaswom lands are treated for purposes of assessment 
on principles equally applicable to similar tenures of Sirkar lands. 
The language is ambiguous and seems to me to indicate some 
hesitation in his mind as to the real chiractor of the relation of 
the Sirkar to such lands. The universal belief among the people 
is that the properties of Sirkar Devaswoms stand on same foot- 
in" as Sirkar lands of similar tenures and that the rights tf 



268 


alination and property possessed by the holders of Sirka^ 
Devasnom lands are entirely identical with the rights of the 
bolder of SirLar lands of a similar tenure The lands of th^ 
Kavyoor pagoda were recently assessed on principles similat 
ti those obtaining in respect of Sirkar lands This procedure 
is favourable to the holders and wholly prejuicical to the 
institutions concerned. This most obvioua disadvantage to the 
institutions consists in the fact that the rent of its lands would 
no longer be paid m kmd, but would be paid only in money 
at commutation rate which is far below the market value. 

7 The assumption of Devaswoms by the Sirkar contri- 
buted, in one important respect at least, to their welfarL 
Though owing to the multitude of such institutions and the pecu- 
niary of their mandgementi their administration cannot be said 
to be all that is desirable, there is no gainsaying the fact that 
their landed properties have not been wasted as those of many pri- 
vate institutions are But theirassumption has proved prejudical 
to the interests of the institutions in an indirect manner. The 
publnc have ceased to take interest m their condition owing 
to the acknowledged responsibility of Go\ernmGnt to main- 
tain them efficiently and the general ignorance of the people 
about their actual financial position. The general imoresison is, 
that most of these mstitusions are fabulousy wealthy and that 
the Sirkar is making a huge profit from their resources. That 
the impression has gained ground need not surprise us. The late 
Dewan Krishna Row has stated m the selections from the 
RECORDS OF TRAVANcoRE, that the income of the Valia Chalay 
pagoda at Trivandrum “was very considerable before it wa* 
assumed by the Sirkar ” It is not quite clear whether the remark 
had reference to the receipts of the Devaswom from its landed 
properties or to its income from other sources such as offering &.C. 



The income of this pagoda from Us landed properties as seen from 
the informatfoii supplied by the Settlement and Talulc authorities 
IS- below 900 paras of paddy and 217 fs. According to the 
Settlement Register, it is 897 paras and 216 fs. and according to 
the Taluk figures it is only 73l paras and 213 fs. The scale of 
expenditure fixed for this temple is, however, 8,1 H paras of paddy 
and 7,954 fs. omitting fractions. If in this state of things Dewan 
Krishna Row’s observation be taken as correct, there is some 
justification for the popular impression adverted to. 

8. Another circumstance which has contributed in no 
small measure to the waning of popular interest, is the belief that 
offerings made to pagodas are not wholly utilized for purposes 
for which they are intended by the donors. A conspicuous case 
of the fall in the income from private votive offerings has come 
to my notice. The pagoda at Aranmula is one of some note. 
The contribution of the Sirkar to this pagoda according to Dewan 
Krishna Row’s memorandum' is 33,375 fs. The Nadavaravu of 
this pagoda used to be as high as Rs. 900 annually as will be seen 
from the following statement 


Year 

Paras 

Rs. 

1077 

■12 

711 

1078 

12 

910 

1079 

10 

821 

1080 

32 

813 

1081 

18 

193 


The paddy is offered before the Utsavam, when the image 
IS carried in procession through the villages, for the purpose of 
cjlleciing the same, each villager being excepted to contribute a 
paVa of paddy. This head does not show any decline. But the 
money offerings have gone down perceptibly, fn reliance upon 
the stability of this income, .a complement of 11 peon: with a 



270 


head peon costing about Rs. 60 a month was entertained some 
time ago, avowedly, with the object of strengthening the watching 
establishment of the pagoda. And it is popularly alleged that 
with the enlistment of this large contingent, the offerings 
have declined. It is also believed that all these hands are not 
actually wanted (or service in the pagoda and that they are often 
detailed for various items of work, which legitimately belong to 
the taluk establishment. This belief is' not unfound, as I have 
known cases were, even members of the ordinary clerical 
establishment of the temples are indented upon for office work 
in taluk cutcberies, permanently, hough I have not been able to 
obtain confirmation of this impression as I fondly expected, from 
the statements I called for regarding the particulars of the work 
assigned to the various servants in the establishment. The 
Tahsildar of Tiruvalla, Mr. Palpoo Pillai b. a i told me that 
owing to the fall in the offerings the pay of newly organised band 
of peons at Aranmula was in arrears and that he had found it 
necessary to reduce the bands. This was In the early part of 
Avani last. I may refer here to another incident which I noticed 
when I visited this pagoda. I noticed that private individuals 
contributed a large supply of gingelly or other oil for daily light- 
ing. The whole of this oil is not supplied to the temple authorities- 
Oil intended for lighting the sanctuary is handed over to the 
Santhikaran, and the rest is poured into the lamps outside the 
pagoda accocding to the f^tncy of the psrson who makes the 
offering. 

9. This coolness of popular feeling is further responsible, 
in a way, (o'- the numerous temples which ate m a state of 
disrepair. In former times, when the Sirkar temples were 
managed by their trustees, the people came forward with liberal 
contributions to supplement temple funds, when any work of 
repair or new construction had to be undertaken. The Haripad 



271 


temple contains a magniiicient strncture which is the gift of a 
company of Nafr Brigade Sepoys once stationed in that locality 
for defensive purposes. The temple itself if reported to have 
undergone extensive and costly repairs some years ago, during 
the reign of His Highness Ayilliam Maha Raja. The funds for 
the same amounting to tens of thousands of rupees were collected 
from voluntary subscriptions raised by the people among them- 
selves. The religious spirit is not dead in Travancore, but it is 
only dormant. It require? prompting and careful nursing. In 
dealing with the subject of temple repairs, I feel it would not be 
out of place to allude to the system under which necessary funds 
are collected in Ooranma temples, at the present day, from the 
Devaswom tenants. These tenants are generally bound accord- 
ing to the terms of their lease deeds to pay a certain proportion of 
the michavarom annually due from them, on occasions of repairs 
and Kalasoms. This system has, I need hardly say, disappeared 
altogether in the case of the temples assumed by the Sirkar. 

10. The remarks I have hitherto made do not apply to 
the most celebrated of the Travancore temples, vts*, that of Sri 
Padmanabhaswamy. It is not one of our so called incorporated 
temples. The following quotation from Dewan Sashiah Sastri’s 
Report explains the position of this pagoda. “It has a Govern- 
ment of its ov/n unconnected with the State. The sovereign has 
but half a vote among the governing body, which consists of one 
Namboori Swamyar, 16 Potti Brahmins and one Nair Nobleman 
(possessing with others a single vote) who constitute the Honorary 
Trustees. By virtue of half a vote enjoyed by the Sovereign, 
the whole management and supervision of the temple vests in the 
Sovereign who appoints the necesssary establishments and 
arranges for the due performance of service.” 

11. The State makes contributions to several pagodas of 
note outside its territorial limits. Some of these temples are in 



272 

British India* while others are situate in the sister State of 
Cochin. 

12. From what I have set forth, it will be seen that none 
of the Devaswom institutions with which we are concerned, was 
founded directly by the State and that the State interference with 
them has been both beneficial and prejudicial to there interests. 
I have quoted Dewan Sashiah Sastri's observations about the 
settlement made by the Sirkar in 937 for the ordinary and extra* 
ordinary expenditure in these institutions And I have further 
referred to the hesitation with which Dewan ShungatasQobier 
referred to the question of the character of the ryots holding 
Devaswom-pattom and other tenures There are numerous 
hereditary servants in these institutions and their status is a 
question of some difficulty. To correctly comprehend all these 
points and settle complicated problems that await solution in 
respect of the financial treatment of these institutions, it is 
necessary to have a general idea of the original character of these 
institutions, their financial situations at the time of the assump* 
tion and the character of the assumption. I shall deal with these 
points in the next chapter. 



CHAPTER II 


A GENERAL RETROSPECT OF THE HISTORY OF 
SIRKAR DEVASWOMS. THEIB FINANCIAL 
POSITION AND THEIR RELATION 
TO GOVERNMENT. 

The subject of the origin of Devaswoftis in Malabar and 
their conriection with the sovereign power is discussed briefly by 
His Highness the late Maha Raja, in the following extract, from 
a contribution of his, to a Calcutta Magazine: — “Here we should 
pause a while to examine briefly the origin and the nature of these 
beiratchical rights. According to all legends and all available 
evidence, the Malabar Coast was populated by Aryan emigrants 
from the eastern side of the ghauts. It is equally a fact that the 
priestly class not only predominated among the emigrants, but 
actually monopolised the whole of the land of their adoption to 
themselves, the rest of the emigrant population being their drawers 
of water and hewerg of wood, their serfs or at the most, their 
tenants-at-will. But to stereotype the configuration of society for 
all time to come, is as much an impossibility as to fix that of the 
clouds of the sky. Aggregations and segregations of power, influ- 
ence and wealth, must ever and anon go on under the guidance of 
the universal law of struggle for existence and survival of the best. 
Those priests are the wisest, and consequently the most powei- 
ful, who, without directly arrogating secular power to themselves, 
can bring into the meshes of their moral influence, those in whose 
hands that universal law places such power. The ecclesiastjcs of 
the Malabar Coast knew this as instinctively as the ecclesiastics 
of Rome. But they had the addttioral advantage of having 
something more solid than benedictions and indulgences to confer 
upon their political-setwards, vtz ^ sovereignty of the land wbicl> 



274 


exclusively belonged to them. They were equally wise and far- 
sighted in another step they took. They foresaw that the halo of 
sanctity which encircled themselves might not be proof against 
the gradual degeneracy of religious feelings which time must 
produce, and the consequent encroachment upon their supremacy 
in the land. And they constitutionalized that sanctity by demis- 
ing large tracts of land and their revenues to certain temples built 
and consecrated by them. Men who would not hesitate to rob a 
priest may still hesitate to commit sacrilege on an object of general 
religious worship. Of these temples, the priests assumed the 
proprietory wardenship. Almost every temple of note had a 
sy nod of these priestly wardens. They invited the leading layman 
or chief to a membership of the synod and entrusted to him the 
stewardship of the whole temple domain, subject to their superior 
authority. Thus arose those rich temples. Thus arose the 
sovereignities of the Malabar Coast. ♦ * * To say 

that the temples were endowed by the sovereigns would be to put 
the cart before the horse.” Whatever divergence of views there 
may be, regarding the general observations contained in the 
above extract about the motives of the founders of the institutions 
in question, there can be no difference of opinion about the 
remarks relating to their origin. 

2. The vast accumulation of property under the control 
of these synods made the latter a powerful political factor in the 
lountry, and old records exist to show that these bodies exercised 
judical and executive functions which made the Sovereign power 
n the land a mere shadow and a name. The existence of such 
powerful bodies in the country led naturally to the springing up 
of numerous chieftains possessing varying degrees of political 
poweri and their mutual relationship being governed only by 
cmsiderations of their physical power “war was a normal insti- 
tutions in the land.” This state of things continued wiiii various 



275 


and varying fortunes, till there appeared on the scene Raja 
Marlhanda Varma. *' He really succeeded to a heritage as 
thorny as it was poor. The feeble rude of a series of his prede- 
-cessors had fostered the greed of the surrounding chieftains and 
the turbulence of internal mal-contents to such an extent that 
iheir kingdom was almost a misnomer and their authority little 
better than a mockeryt But Marthanda Varma was one of 
those whom the world produces but at rare intervals. He was 
born to command and conquer. He had the best o! schooling — 
that of hardship. He had the best of teachers — foes. He was 
served by one o! the ablest of ministers. Sully did not serve 
Henry IV of France more ably and faithfully than Ramaya did 
Marthanda Varma. The Baron de Rossni was the very man to 
remedy this state of matters, rude, obstinate and haughty, but at 
the same time resolute, active, indefatigable, wholly devoted to 
his master’s interests. Ramaya was unrelenting, unsparing 
and often unscrupulous to his master's enemies ; but his self was 
merged completely in that of his master. He was as fearless in 
the council room as he was in the battlefield. With such a 
minister at his right hand and with a strong will, abiding 
patience and indomitable courage, the Raja not only won back 
what his predecessors bad lost, but subjugated, one after another, 

. the neighbouring chiefs who were a perpetual source of trouble," 
The above graphic description of the state of matters in the 
country is. I need hardly say, from the pen of the late Maha 
Raja. But though the chieftains were subjugated by Marthanda 
Varma, the temple synods continued to exercise their influence 
and it need not surprise us if it was found that their power was a 
menace to public security and good Government and that it 
required to be destroyed or limited* Influenced by those consi- 
derations and probably also by the wealth of these institutions 
and the moral and intellectual degeneracy of the class of persons 
who held the control of the temples and temple, property, and 



278 


apply to the former. Dewan Mr. V. P. Madhava Rao, in his memo 
regarding the commutation of grain tax into money, has made 
the following observations. “ Further, the Quilon Peishkar 
ignors the important fact that since the assumption of the 
Devaswoms by the Government in Col. Munro’s administraion in 
987 M, E. (1812 A. D.) the revenues from tne Devaswom lands 
have been treated like, and incorporated with, the general 
revenues of the State, that the ryots holding Devaswom lands 
hav’e been recognised as full proprietors having the same rights 
and ownership in those lands as the ryots holding under Govern- 
ment, that these lands are settled like other lands and that every 
measure of administrative reform introduced from time to time 
whether affecting the system of assessment, commutation rate or 
the proportion of the tax payable in kind, have been applied 
as well to Devaswom as to other lands. 

6* There is not much in these authoritative declarations 
of Government which is opposed to the review that the Sirkar 
occupies only the position of a trustee in regard to the institutions 
whose management it assumed under the advice of Col. Munro. 
The arrangement made regarding the tenure of Devaswom 
properties does not affect the question, so far as I can see, as it is 
a purely executive act unconnected with the assumption. Dewan 
Mr. V. P. Madhava Rao*s opinion regarding the proprietory 
rights of the Devaswoms land-holders is the only authoritative 
declaration which is somewhat opposed to this view. But, after 
all it is only his individual opinion. The lands are in many cases 
borne in the Sirkar accounts as lands belonging to Devaswoms. 
The Madras Government also appear to have shared the same 
view as is fairly deducible from their request to Dewan Sashiah 
Sastri to show the revenue derived from Devaswom lands in a 
separate account. Vide Resident's letter No. 613, dated 8th 
September 1896. 



279 


'7. It deserves to be noted that the Royal Proclamation 
of 1040 passed'to enfranchise Pandarapattom lands which were 
till then tinaleinable, did not deal with Devaswom lands. And 
accordingly, it was ruled by the High Court, in 17 T. L. R. 
page 184, “the Proclamation of 1040 relating to Pandara- 
pattom lands does not cover lands held as Devaswompattom 
under the Sirkar and the tenants holding lands on Deva- 
swompattom under the Sirkar must be treated as other ten- 
ants.’* This ruling followed an earlier one made by Chief 
Justice Krishnaswami Rao and Mr. Justice Govinda Pillai 
and cited in 15 T. L. R, at page 185. The earliest ruling on the 
point, however, is the one reported in the 7th volume at page 89. 
The Judges Messrs. Justices Kunhi Ramen Nair and Seetharam 
Iyer delivered themselves in the following terms:- “It is conceded 
in defendant’s written statement that Venpattom tenants of 
assumed pagoda lands, in common with similia’* tenants of other 
Sirkar lands, fall under the designation of Venpattom holders, 
as used in the above Proclamation, and the point admits of 
but little doubt. The properties of Pagodas assumed in 987, are, 
it is well known, treated, to all intents and purposes as Sirkar 
properties. The Sirkar by proclamation of 1040, waived their 
proprietory rights in favour, and for the benefit, of the ryot in 
actual possession of crown lands, and this Proclamation which 
may be said to be the Magna Ghana of the Travancore ryot® 
has not expressly, or by necessary implication, excepted from Us 
operation any particular classes of Venpattom lands, on the 
ground that they may happen to be adjacent to lands already 
assumed by Government for public purposes." The view taken 
of the character of the lands of the assumed pagodas in this 
judgment has been dissented from, in the 16 T, L. R. case. The 
view taken in the earlier case was met by the Judges who decided 
the latter case, with the remark that the said view proceeded on 



280 


the assumption that the land m dispute m that case was Sirkar 
property and that the Judges who took that view did not specially 
consider the question whether Devaswom property could be 
treated as Sirkar property. The Judges in the last case have 
further observed that “the assumption by Government of the 
management of Devaswoms is not a confiscation or usurpation 
and does not vest the properties attached to those institutions m 
the Sirkar ’ The Judges who decided the latest case on (he 
subject have expressed themselves very clearly at page 185 of 17 
T L R They say, “As to the first contention, we find that 
the Proclamation of 1040 relating to Pandarapattom lands, does 
not cover lands held as Devasvvompattom under the Sirkar 
The reason is obvious The Devaswom lands held by the 
Sirkar are held on trust, and it is not to be presumed that the 
Sirkar assumed the same right to enfranchise Devaswom lands as 
in disposing of Sirkarpattom lands It is contented that many 
such Devaswom lands have been given by the Sirkar as 
Sthirapattom This fact itself shows that a special grant of the 
perpetual tenancy by the Sirkar is necessary to enfranchise 
Devaswom lands ’ This oassngc is a clear authority for the 
conclusion that Devaswom lands were not enfranchised by the 
Proclamation, and that in the absence of a special grant the 
holding of Devaswompattom lands is only that of a tenant at 
will or from year to year 

8. Most of the revenue officers of Government, whom I 
hav‘=‘ consulted on the point, appear to share the view that 
Devaswompattom and Pandarapattom holdings bear the same 
•character and that in effect the Rojal Proclamation of 1040 
applies to the former holdings This opinion is based on mis 
apprehension due to the similantv of the rules regulating assess 
ment of the two sets ot property for public revenue and is opposed 
to the rulings of the High Court In a recent but unreported 
ca'e the High Court decided that lands held on Falpayasom 
pattern tenure under the Suchindram Devaswom were resumable 



261 


9. The trustee of a charily cannot validly alienate trust 
property perrpanently unless it be for the direct benefit of the- 
institution It IS clear that the Sirkar has no power to grant 
permanent leases of Devaswom properties without proper necessity 
for doing so. 

10* The instinct of the Hindu corrmunity which is decid- 
-edly against spoliation of temples dnd temple properties also- 
jusiifies the view that what was assumed by liie Sirkar was the- 
management of the temples. 

1 1. In these circumstances, and in ^he abserlce of records 
showing the terms of the assumption o( 987, ft appears quite 
legitimate to conclude that Devaswompattom Zands arc resumable 
unless there is a special grant of a permanent tenure validly made 
by competent authority* Of course. I do not mean to deny that 
the statute of limitation would operate to extinguish the rights of 
Devaswoms to resume lands' whfch have been grante'd on Sthira- 
pattom even though the grant may be unauthorised- Nor is ii 
reasonable to deny that tenants of Devaswom* properties holding 
under Kanom or other similar derivative titles, of date prior to 
the assumption, cannot be evicted. But these matters do not 
affect the general question of the rights of the Bevaswom tenants 
to the fully assessed properties in their possession or fhe applica- 
bility of the Proclamation of lOtO to such properties. 

12. The next point which calls for notice is the extent of 
property assumed by the Sirkar and its income. This fs a point 
which could be answered only by reference to Sirkar accounts. 
The Dewan made arrangements with the Settlement Department 
to ascertain the necessary information A special establishment 
was also sanctioned for the purpose And / have been supplied 
by that Department with the figures for the seventeen settled 
Taluks. They have no information for the other Taluks. I appre- 
hended this contingency and had written to Tahstldars on my 



282 


own initiative and they have supplied me with their figures. The 
Tiluk figures for the settled Taluks do not tally with the figures 
received from the Settlement Department. The former figures 
are themselves probably not exhaustive. The following letter of 
the Dewan addressed to the Resident on the 9th November 1876 
makes the point clear— 

"‘Sir, 

I have the honor to acknowledge your letter of the 8th 
September 1876 No. 613. 

(2) The mam information required by the Government 
of Madras in the order alluded to in the above communication 
having been already furnished in paras 448 and 452 to 4b9 of my 
Administration Report for the years 1048 and 1049, the question 
put in your present communication Is simoly, if there is any 
objection to the revenue derived from Devaswom lands being in 
future shown in a separate account. 

(3) There is no objection, of course, if it could be done, 
but inasmuch as the collections from the Devaswom lands are 
treated like and mixed up with the collections from non*Deva- 
swom lands, the former could not be shown apart from the latter- 

(4) Moreover, the lands adverted to in para 248 of my 
report, do not form all the Devaswom lands assumed by the 
Sirkar, for in several cases, such lands situated in conquered or 
lapsed tributary states went under the head " Sirkar land,” at 
once, while, the expenditure on account of Devaswoms belonging 
to such states continues to be charged to the general revenues of 
the State. 

(5) There is no doubt in my mind that on the whole, the 
total expenditure on the Devaswoms is more than covered by the 
total revenue of Devaswom lands assumed whether in 987 M. e. 
ct at much earlier dates. 

I have &c. 

(Signed) A. Sashiah Sastri, 
Dewan/* . 



283 


13. The penultimate para of the Dewan’s letter under 
reference alludes to one cause of inaccuracy of the figures received 
from the Taluk and Settlement offices. As an instance, I may cit& 
that when the Pandalom house was subjugated, our Maha Raja 
issued a Nett directing the maintenance of the Oottu, Thinga^ 
and other charities carried on by the deposed house out of the 
general revenues of the State, since the properties of the former 
had merged into those of this State. Theie appear to be other 
grounds also leading to more serious inaccuracies, The annual 
statement (Thavanamudakkom account) of the year ‘060 
returns the extent of Devaswom properties in Agastiswaram taluk 
to be equivalent to 38,377 paras 6^ edangazhies in 9,U8lhadies 
or plots. The present settlement figure of this Taluk is 14.461 
paras 8 edangazhies equivalent to 1,592 acres 18 cents con- 
sisting of 4,729 numbers. The difference between the two- 
figures is a deficit of 24,000 paras of paddy lands in round 
numbers. The Settlement Dewan Peishkar refers to the mode 
of treatment adopted in cases of escheat among Devaswom land* 
holders as partly answerable for this deficiency. He also refers 
to the peculiarities of the survey measurements which form the 
basis for the settlement figures and other causes (not mentionedl 
as having possibly contributed to the reduction. The incidents 
of survey measurement cannot be answerable for such a huge 
deficiency of nearly two-thirds. I believe the chief cause is the 
mode of treatment of these lands adopted in cases of the 
extinction of the family of the tenant. The practice of the 
Revenue Department in this matter is described as follows in a 
memo drawn up by the late Honorable Mr Ramiengar “If a 
tenant holding land under a Kanapattom lease dies heirless, the 
Government as the uUttnus henSf steps in and takes posession of 
the land as well as the Poperty of the deceased, brings the land 
under full assessment aud sells it for what it will fetch at a public 
auction. The purchaser is registered in the public accounts as 



284 


owner of the land, but as the Government recognises the micha- 
V3 ram payable to the jenmi on the escheated lands as a first 
charge upon the property, it arranges with the purchaser for its 
annual payment to the Jenmi reserving to itself the right of 
collecting the difference oetween the full assessment and such 
mschavarom ♦ * *. The state in thus giving the land to a 

new tenant confers on him, and he, by virtue of his occupancy, 
takes from them a fresh right * • *. A tenant’s property falls 
into the State on failure of his heirs in virtue of its sovereign 
Tight to all escheats It is assessed with full pattern ; the tenure 
consequently becomes changed it is no longer jenmam or Inam 
land, * • * but becomes fully assessed Government land” 

This procedure having come to the notice of the highest Court in 
the land in a recent case, Mr Justice Kunhi Raman Nair wrote of 
It in the following terms — “This practice which on the face of 
It is unreasonable and inequitable, vas justly and oroperly con 
■demned by the courts since 1045 (Select Decisions of the Sadar 
Court Part IV, page 38) and has after considerable discussion 
been eventually abolished by the Government Notification of 
1063 which, however, has expressly been declared not to have 
any retrospective effect ” The Notification which is dated 2Hth 
Audy 1062 is expressly limited to properties belonging to jenraies 
and does not cover the case of Sirkar Devaswom properties. 
I therefore believe that the practice condemned by the High 
Court as “unreasonable and inequitable” is in full 6\vn^ 
€ven now in regard to Sirkar Devaswom properties There 
IS yet another cause for inaccuracy in the accounts. The 
Thirattu for 997 for Kalku'am contains an entry showing a 
transfer of 4,742 paras and edangazhies of paddy )ands and 
i,139 gardens paying revenue till then to Sirkar and Devaswom^ 
wholly to the former heading^ on tiie ground that the two 
payments became due to the Sirkar after the assunjption Tjip 
revenue of the lands so transferred appears to |>e 63, bl paras 



285 


^^14 edangazhies and 34,4 10 t 4 fanams (Exihibit C). This amount 
however, coiuinued to be separatelyshown in the accounts as due 
to Dsvaswoms. I am informed that in the current settlemnet the 
revenue due on these lands due to Devaswoms has been wholly 
credited to the Sirkar. We are thus compelled to take our 
stand on the old Ayacut figures and calculate the present revenue 
approximately with due reference to the average result of the 
settlement for the whole taluk. 

' 14. The revenue of Devaswoms consisted of the rent of 
lands, the interest on loans called Ubhayom Palisa and the value 
of labour enlisted under the Viruthi system. The figures furnished 
by the Settlement Department relate only to the revenue from 
lands. The item of Ubhayorn Palisa has now disappeared from 
the accourits altogether. 

15. The following is extracted from Dewan Mr. Sashiah 
Sastri*s Reports for 1048 and 1040. '*Oat of the Devaswom 
Jenmi lands alluded to in the beginning of this notice, those 378 
pagodas were assumed and brought under the direct management 
of the Sirkar in the year OSi (A. D. 181 1) during the Administra- 
tion of Colonel j, Munro. -They consisted of 62,000 gardens and 
5,48,000 paras of paddy lands, the former yielding a rental of 
about Rs. 50,000, the latter, Rs. 3,50,000, total Rs- 4, 00, COO* 
The annual expenditure out of this «s only Rs. ?,50,000 leaving a 
surplus of Rs. b50,000. There is of course other expenditure 
purely Sirkar, on some of these and numerous others which had 
received direct support from Government ” (para 248). In 
another connection the Report states as follows: — “The lands 
thus assumed now yield a revenue of Rs. 4,30,000, while 'the 
annual expenditure on the 3/8 pagodas concerned xciili them 
arnounted to Rs. 3,92,000 in 1049’* (para 453). The amount 
given was probably arrived at by commuting paddy at 6 chs 
a para The Thipt|u of 992 gives certain interesting figures for 



286 


348 incorporated pagodas with I have embodied in the statement 
(Exhibit A). According to that statement, the full tax of Deva- 
sworn paddy lands appears to have stood at 15,55,501 paras 
31 edangazhies of paddy and Rs. 17,937-18 chs 12 cash. The 
interest on loans amounted to Rs. 1,04,514 paras 5 edangazhies 
of paddy and Rs. 9.695-J6 chs. 15 cash The garden tax 
amounted to Rs. 4 3,299-3 chs 6 cash. The total quantity of paddy 
due as tax interest on loans amounted to 16,60,075 paras and 
edangazhies and the total money tax was Rs. 70,282-^0 chs. 

1 cash. 

16. The Thirattu of 987 (the year in which most of the 
Devaswoms were assumed) shows the income of 34h incorporated 
Devaswoms to be 16,80,490 paras 4i edangazhies of paddy and 
3 , 7 1,54 liHs, This Thirattu further mentions that the Padivu 
{or Devaswoms was fixed in that year at 12,62,597 paras and 
edangazhies of paddy and 10,95,143^3^ fs. The same Thirattu 
mentions the allotment for 1,123 unincorporated Devaswoms to 
be 71,557 paras 95 edangazhies of paddy and 67,096f<f fs. and 
explains that the expenditure on those pagodas was met till then 
by collections made by Uralars* These collections, we may 
presume, were made from the landed properties of those Deva- 
swoms. It appears further, from the Thirattu of 986 and 987^ 
that previous to the assumption of Devaswoms, the Sirkar contri- 
buted annually 4,31,037 paras of paddy and 7,53,950 fs* for the 
expenses of 260 out of 348 temples then assumed. We have no 
means of knowing the standard of expenditure maintained in the 
temples by the trustees before they were assumed by the Sirkar. 
But the Padivu expenditure settled in 987 which amounted to 
12,62t597 paras and 2i edangazhies and 10,95, fs. being 
inclusive of the allotment of 4,31,040 paras and 7,64,060 fs- 
made by the Sirkar before the assumption, it is clear, that the 
Sirkar effected a clear saving in the expenditure on Devaswoms. 



287 


The allotment in paddy was less than the income in kind by 
3,97,477 paras (16,60,074 paras minus 13,62,597 paras.) The 
money alloiment, however, exceeded the money income by 
(10,95,143 fs. minus 4,91,974 fs.) 6,03,169 fs. Paddy being valued 
at a uniform vilatharam rale of 6 chs. per para, we find the 
expenditure in money is very nearly squared by the value of 
unexpended paddy. The excess appears to be only 6,948 fs» 
Probably there is some mistake in some of the figures as it is 
more than probable in the circumstances to infer that the Padivu 
would not have been suffered to exceed the actual income. If so, 
the whole of the expenditure defrayed from the coFers of thj 
State till the date of assumption, must be regarded as the saving 
effected by the measure. This amount is equal to 4.31,040 paras 
of paddy and 7,54,050 fs. or a little more than 2 lakhs of Rupees 
paddy being converted into money at the uniform vilatharam 
rate of 6 chs. per para« 

17. I should observe here that the income of 348 incor- 
porated temples alone has been set forth above. The total number 
of our incorporated temples at the present day is 378. There 
we-e assumptions probably before and after 987. The returns 
received by me do not enable me to give the figures for the 
receipts of these additional pagodas separately. 

18. The present revenue according to the returns received. 
^rom the Taluk and settlement offices appears to be onlv 6,06,319 
paras of paddy equal to 16,67,382 fs, at the present commutation 
rate of 2| fs. per para and 9,54,277 fs, 3 chs. 2 cash or a total of 
26,47,538 fs. 1 ch. 13 cash (Exhibit 13} which is equal to us. 3,62,813. 
But the figures taken from the Huzur Thavanamudakkom state- 
ments of Land Revenue for the year immediately preceding the 
introduction of the new settlement rates, tell a different tale (Vide 
■Exhibit F) The total, according to this for incorporated 
Bevaswoms is 16,29,249 paras 1 J 3 edangazhies cf'paddy and 



288 


4,75,092^ fs The Dewan’s last address to the Popular Assemtlj 
shows that the Devaswom receipts, from other heads than Land 
Revenue for the year 1082, amount to Rs 63»503 Takmg 
thii to be the average yearly income on the miscellaneous heads, 
It is clear that the total annual revenue now does not exceed 
Rs 4,12000 

19 I have shown that according to the Thirattu of 9°7, 
the income from Devaswom properties stood at 16 lakhs of 
paras of paddy and Rs* 70,000 If paddy be valued at iht 
rate of 4 fs per para, the income from Deiaswom properties 
according to the Ayacut, would amount to nearly 9| lakhs of 
Rupees But as the result of the current Settlement operations 
shows a general increase of revenue, a similar result may be 
reasonably expected m respect of Devaswom lands Exhibit D is 
a table comparing the old Ayacut figures and the present figures 
It appears that the lowest percentage of excess is not below 11 
This IS the percentage for ShencoUa where the opportunities for 
extention of cultivation are limited from the paucity of waste- 
lands and the unsuitability of the country for cocoanut culti 
vation generally If Devaswom lands also are allowed to 
share in the general excess on the basis of the figures of 997, the 
revenue may be now presumed to be equivalent roughly to 18 
lakhs of paras and Rs 80,000 

20 To the above sum, we should add the value of 
services and labour compensated for by the rent of Virulhi or 
Iiiam lands It is difficult to obtain precise information of the 
value of such services and labour The Honorable Mr* Ramiengar 
complains m his Settlement Memo at page 89 that accurate 
information is not available He says, “ As stated in another 
part of this paper, m the absence of any accurate registers of these 
alienations or any record of the original grants under which they 
are held, I am unable to give any detailed account of them, but 



289 


the accompanying statement complied from the old survey 
accounts gives all the information that I have been able to glean 
1 have classed the Inams under three heads: — viz , 

Cl) Those guaranteed for service in pagodas* 

(2) Do for the support of religious institutions and 
services connected therewith 

O) Personal grants 

(4 The grants under the first two heads are few and 
of small value." 

The assessment charged on lands expressly registered as 
Deyaswpm Viruthies amounts to 366 paras 3? edangazhies of 
paddy and 20013 fs. iyidt Exhibit L ) But I believe the general 
body of viruthikars were also required to offer their personal 
services to the Devaswoms The particulars of such services .are 
described in Appendix 15 of the memo on survey and settlement 
I have obtained statements from the taluks containing a descrip- 
tion of the services performed in various temples by these viruthi. 
hars and the cost of paid labour enlisted for doing these services 
after the abolition of the Virutbi system It appears from those 
statements that 4,732 viruthikars were engaged m these services 
in all the taluks excepting Shencotta The number for that 
taluk appears to have been 123. It is anticipated that 13,008 
persons costing 20,936 fs* would be required in future for all 
taluks excepting Shencotta, and that Shencotta w^i^ld require 
728 men costing 2,349 fs I ch II cash, (Vide Exhibits J and K). 
The total anticipated cost of these services according to these 
statements, omitting fractions, amounts to 23,285 fs* or 3,300 and 
odd British Rupees This amount may ‘be regarded as the 
present day value of the personal services performed by the 
general body of viruthikars to the pagodas In Thulam last, 



290 


I called (or information about the extent and value of properties 
granted on Karanma tenure for services* The Quilon Peishkar 
alone sent the statements for his Division, but they were received 
by me only on the 15th Mcdom just as I was revising this paper. 
The statements in some cases are imperfect as they do not give 
particulars of the properties assessed or their value. 

21. If the land revenue of 16 lakhs and odd paras of 
paddy and 70,200 and odd Rupees appearing from Exhibit A 3 
be capitalized at 3 per cent the total value of Devaswom 
properties would be Rs, 4,42.79,883 (Exhibit A 3 ). If we add the 
capitalized value of probable increase of revenue yielded by the 
new settlement rates, which 1 anticipate to be two lakhs of 
paddy and Rs. 10,000, the total capitalized value would be 
(4,42,79,8834*33 lakhs) *15 crores of Rupees. But this Is not the 
value of the whole of the Devaswom properties. The revenue 
shown by the Tbirattu of 997 which has been capitalized relates 
only to 348 incorporated pagodas. There are now 378 incorpo- 
rated pagodas. The revenue of the additional pagodas incor- 
porated after 987, has not been calculated by me. There is no 
means of knowing separately the number and particulars of 
pagodas assumed after 987. The pagoda of Kavyoor was 
assumed very recently in 1075 and the revenue of that pagoda 
alone is 9,201 paras 1 edangazby of paddy and 23.3341 fs. 

22, Before concluding this subject, I should like to make 
an obervation about Cherikkal and other Forest lands The 
decision in 9 M* 187 as regards forest lands in Malabar is that 
there is no presumption that such lands belong to the crown. 
This view appears to accord with the history of landed property 
■n Malabar which according to His Highness the late Maha Raja 
belonged at first entirely to the Brahmin Jenmies and thriugh 
them derivatively to the political stewards appointed by tljem. 



291 


But, however, the contrary presumption appears to have prevailed 
in our courts here and the onus of proving title to forest-lands is 
generally laid on the person who claims title to it. I mention this 
fact simply to ruggest that it is desirable that in the settlement of 
Cherlkkal lands, careful enquiry be made to ascertain whether 
any of them ate Devaswom properties. 



290 


I called for information about the extent and value of properties 
granted on Karanma tenure for services* The Quilon Peishkar 
alone sent the statements for his Division, but they were received 
by me only on the 15th Medom just as I was revising this paper. 
The statements in some cases are imperfect as they do not give 
particulars of the properties assessed or their value. 

21. If the land revenue of 16 lakhs and odd paras of 
paddy and 70,200 and odd Rupees appearing from Exhibit A 3 
be capitalized at 3 per cent the total value of Devaswom 
properties would be Rs. 4,42.79,883 (Exhibit Aa). If we add the 
capitalized value of probable increase of revenue yielded by the 
new settlement rates, which 1 anticipate to bs two lakhs of 
paddy and Rs. 10,000, the total capitalized value would be 
(4,42,79,883Hr33 lakhs) 4^ crotes of Rupees. But this is not the 
value of the whole of the Devaswom properties. The revenue 
shown by the Thirattu of 907 which has been capitalized relates 
only to 348 Incorporated pagodas* There are now 378 incorpo- 
rated pagodas. The revenue of the additional pagodas incor- 
porated after 987, has not been calculated by me. There is no 
means of knowing separately the number and particulars of 
pagodas assumed after 987. The pagoda of Kavyoor was 
assumed very recently in 1075 and the revenue of that pagoda 
alone Is 9,201 paras 1 edangazby of paddy and 23,3343 fs. 

22. Before concluding this subject, I should like to make 
an obervation about Chenkkal and other Forest lands The 
decision in 9 M. 1S7 as regards forest lands in Malabar is that 
there is no presumption that such lands belong to the crown. 
This view appears to accord with the history of landed property 
n Malabar which according to His Highness the late Maha Raja 
"belonged at first entirely to the Brahmin Jenmies and through 
them derivatively to the political stewards appointed by them. 



293 


the figure as 381 by including the pagoda at Pakode in 
I^edumanpad Taluk. This pagoda is really not classed either 
■among the incorporated or unincorporated Devaswoms It 
belongs to a class of Devaswoms whose expenses are exclusively 
met from the proceeds of their landed properties which are 
treated as the private properties of those institutions. If this is 
excluded, there are 380 incorporated temples. According to the 
list of such temples maintained in the Devaswom Sekharippu, 
there ought to be only S7S such institutions. That list has 
•clubbed the temple at Shankumukham under that of Mithrananda- 
puram ; whereas the taluk return mentions it separately. I shall 
for the purpose of this memo deal with the temples of the incor- 
porated class as numbering 344. The number of unincorporated 
temples, according to Mr. Cbempaka Raman Pillay’s report, 
is 1,163. This report omits the names of 18 temples. The total 
■allotment for these IS Devaswoms is equal to 352 paras edan- 
gazhies of paddy and Rs, 279-7 chs. I have appended a list of 
these temples with their allotment (Exhibit. N.) The number of 
unincorporated Devaswoms is therefore 1,168. CVide Exhibit T*) 
This last number includes 30 temples which have become non est 
after the date of the first padivu. The padivu allotment for 
these 30 Devaswoms amounts to 572 paras edangazhies of 
paddy and 1,414 fs. This allotment has lapsed and is not drawn 
and expended. There are 6 more Devaswoms of this sort which 
Mr Chempaka Raman Pdlay appears not to have noticed. The 
total allotment for these 6 pagodas amounts to 34 paras 5| edan- 
gazhies of paddy and 136i fs. I have appended lists of these 
36 Devaswoms (Exhibits M and O). I should add that the 
-number of unincorporated pagodas given above includes 465 
Ooranma pagodas. Besides ihese incorporated and unincorpo- 
rated Devaswoms, there are certain temples whose expenses are 
met from their own resources. I have already referred to one 



CHAPTER III 


A BRIEF ACCOUNT OF SIRKAR DEVASWOMS AND 
THEIR PRESENT ADMINISTRATION. 

The Devaswoms supported by the Sirkar are divided info 
incorporated and unincorporated insititutions. Detailed accounts 
are maintained in the former of all its transactions ; while none 
such maintained in the latter. It should be mentioned that 
tbelist of the second class of Devaswoms includes many private 
Devaswoms drawing the extremely small allowance of even a 
fanam a year. According to the SLECTiONS from the records 
OF TRAVANCORE, the number of incorporated and unincorporated 
temples in 1,1544 was 378 and 1,104 respectively. According to 
Dawan Sashiah Sastri’s Administration Report fori 1802, the 
number is 378 and l,17i respectively. Of the above said 
incorporated temples, two, viz^ Annamanada and Elankunna- 
puzha, were surrendered to Cochin and a few were added to that 
category subsequently. The number of these institutions there- 
fore rose to 381 in Mr. ChempaUa Raman Pillay’s report (Fidis 
Exhibit AC of the first part). The number of unincorporated 
temples according to that report is only 1,168, This result was 
due to the transfer of a few Devaswoms from that class to the 
class of incorporated Devaswoms. The returns received by me 
from the taluk make out a total of 344 incorporated temples by 
clubbing a number of them together and excluding a few. For 
instance, of the 41 temples in Sbencotta, the returns sent to me 
have excluded 6 as situate in British territory and have clubbed 
the remaining 36 into 11 groups. There is a similar instance in 
the returns received from the Taluk of Agasteeswaram where 
temples have been reduced to 3. If each temple is calculated 
by itself, there would be in all 380 incorporated temples according 
to the returns now received. Mr. Chempaka Raman Ptllay gave 



293 


the figure as 381 by inclnding the pagoda at Pakode in 
Kedumangad Taluk. This pagoda is really not classed either 
^imong the incorporated or unincorporated Devaswoms It 
belongs to a class of Devaswoms whose expenses are exclusively 
met fronfi the proceeds of their landed properties which are 
treated as the private properties of those institutions. If this is 
excluded, there are 380 incorporated temples. According to the 
list of such temples maintained m the Devaswom Sekharippu, 
there ought to be only 378 such institutions. That list has 
•clubbed the temple at Shankumukham under that of Mithrananda- 
puram ; whereas the taluk return mentions it separately. 1 shall 
^or the purpose of this memo deal with the temples of the incor- 
porated class as numbering 344. The number of unincorporated 
temples, according to Mr. Chempaka Raman Pillay’s report, 
is 1,163. This report omits the names of 18 temples. The total 
allotment for these iS Devaswoms is equal to 352 paras 9i edan- 
gazhies of paddy and Ra. 279-7 chs« I have appended a list of 
these temples with their allotment (Exbibit.N.) The number of 
unincorporated Devaswoms is therefore 1,168. Exhibit TO 

This last number includes 30 temples which have become non est 
nfter the date of the first padivu. The padivu allotment for 
these 30 Devaswoms amounts to 5T2 paras 4i| edangazhies of 
paddy and 1,414 fs. This allotment has lapsed and is not drawn 
and expended. There are 6 more Devaswoms of this sort which 
Mr. Chempaka Raman Pillay appears not to have, noticed. The 
total allotment for these 6 pagodas amounts to 34 paras 5| edan- 
gazhies of paddy and 136J fs. I have appended lists of these 
36 Devaswoms (Exhibits M and O). I should add that the 
number of unincorporated pagodas given above includes 465 
Ooranma pagodas. Besides these incorporated and unincotpo- 
■rated Devaswoms, there are certain temples whose expenses are 
met from their own resources. I have already referred to one 



294 


Devaswom of this class, viz*t Pakode* There are in all 7 Deva- 
swoms of this class. They are distributed among the Taluks of 
Nedumangad, Mavelikara, Pathanapuram and Neyyattinkara 
(Vtde Exhibit E). There are besides these, 35 pagodas outside 
our territory which receive money grants from the State. 1 have 
appended a list of such Devasivoms. 

2. The subject of administration of Devaswoms may be 
considered under the heads of religious services and establishment* 
The religious services consist of the ordinary daily ceremonies, 
and the extraordinary ceremonies which recur periodically by 
the month or year. The belief is that upon the due per- 
formance of the poojas depends the virtue of these institutions 
as spiritual centres. The daily poojas from the most important 
of the services held in the pagodas, though no doubt periodical 
ones have also their own importance. In almost all pagodas, 
the allotment in money for provisions for the daily services has 
undergone no revision and they are given only the amount 
originally fixed. Some institutions which used to receive supplies 
for Utsavams and other periodical ceremonies from viruthikars 
are allowed to charge Nirak value in respect of these provisions. 
A few others are allowed compensation for extra-prices in 
respect of Nithyanidanom provisions to the extent of savings 
and stoppages. In the case of a few pagodas, Government have 
in recent tim es revised the allotment for fuel and milk. To 
this day, the Sirkar makes no allowance for fuel in many temples. 
The padivu appears to have provided in some cases for payment 
of the full value of firewood necessary, and in others only for 
the payment of the charges for felling and removing 

3. The 'cn)e in paddy and provision for these pagodas 
was finally fixed in 994. The records of these scales which are 
called padivus are in some instances defective, as they have 
omitted some most absolutely necessary articles of provision 



295 


J have come across a pathivu for Palpayasom in a pagoda in 
Ambalapuzha without any provision for rice and sugar. So, in 
another pagoda (Maperoor in Chirayinkil), there is no allowance 
for koppu &e. for a Vavunamaskarom. The popular impression 
is that these padivus were drawn up by the Dewaswom ,Pillamais 
under a sense of deep alarm, since they ^ were threatened with 
corporal chastisement, should the padivus be found to be 
inaccurate or extravagant. The story goes that the Mootha 
Pillay of the Boothapandi pagoda, one Madan Pillai, was so 
much overwhelmed with the fear of the triangle as to have 
copied out a padivu curtailing the usual allowances paid on 
occasions of Utsavam to acrobats, dancers, musicians, singers 
and performers of legerdemain to such an extent as to have 
caused consternation among those classes of people so acute 
and general, that, to this day, some of these public players 
preface their performances by exposing a doll dubbed “Madan 
Filial** (the name of the offending Mootha rillai) and treat it to 
a volley of trade, in memory of the treatment adopted by 
their ancestors on the occasion of the hrst disappointment at 
Boothapandi. We may take the story cum grano salts, but 
there is no doubt that the old padivus were not drawn up with 
any degree of precision or under proper supervision. 

A. The padivus give the quantities of grain and other 
provision necessary for the daily and periodical services and 
festivals in the pagoda. The following passage from the pen 
•of Dawan Krishna Row explains how these provisions in paddy 
were supplied to these Devaswoms. “ Paddy to the amount of 
12,03,988 fs* is annually collected by the Sirkar from the 
inhabitants on account of their dues to the pagodas as fixed m 
different Districts; this quantity of paddy is originally stored 
in the Proverthi Cu’^chery, whence the Santhikars of the pagoda 
should receive such quantity as may be sufficient for consumpiion 



296 


during the month in which it is issued by them to the servants 
according to their established allowances, and the remainder 
is allowed to the Achimars for the purpose of being beaten into 
rice for the use of the pagoda. The disbursements in cash amouut 
in the aggregate to 25,46,533 fs. every month. The Tahsildar 
grants a receipt to the cash keeper for the requisite funds aboui 
a week before the end of the month, who pays the amount to 
ihe peon called Vellithadikkaran who takes it to the District 
treasury under a guard of Tavana peon, and the Sreekariakaren 
or the Superintendent, and the staff and Pillay of the pagoda 
take charge of the money and they make the usual disbursements, 
crediting the balance, if any, to the Sirkar " 

5, The practice described above has continued to the 
present day with slight alterations. With the abolition of the 
paddy tax, contactors have been engaged to supply these 
institutions with paddy* In the case of the important institutions 
with a high scale of expenditure, it has been found possible to 
secure contractors for the supoly of other provisions also. But 
in the case of other temples, the contractor generally supplies 
the paddy and the Chandrakaren or other temple officer draws 
the monthly money allowance from the taluk and makes the 
necessary purchases and disbursements. 

6. In almost all the temples of South Travancore, 
Government appears to have sanctioned the appropriation of 
savings and stoppages for meeting the extra expenditure professed 
to be incurred in consequence of the advance of prices. This 
ipractice which commenced in the early part of Sir. T. Madava 
Row’s administration has resulted in the growth of a peculiar 
system of account keeping vtfhich Is highly misleading. The 
fiction of purchasing the standard of padivu quantities or 
provisions at market rates, is maintained In the accounts and 
against the difference between the present day price and the 



297 


standard price, all, unexpended balances are set off, 'This' system 
of accounting would leave the Sirkar a‘ debtor to the Devaswom 
agency at the end of every year; for, the- unexpended ‘ balances 
are not equal to the difference between the standard and current 
prices. But the Sirkar is saved from this situation by a generous 
waiver on the part of the Devaswakars of their claim to the 
balance ; for they make an entry in the accounts p the effect 
tliat the balance is struck off for want of Muthal or. funds. If 
under such a systerh of accounts, fraud and misappropriation 
should be found to prevail, it is not a matter of any surprise 
whatever. In all other Divisions, generally, the registers show 
that the full standard quantities of provisions are purchased for 
the padivu price. These remarks apply only to the expenditure 
on the heads of daily poojas and other ceremonies for which 
the koppus were purchased directly and not through the agency 
of Viruthikars, In the case of periodical or extraordinary 
ceremonies for which provisions used to be supplied by Viru* 
thikars.the rule since the abolition of the system, has been^to pay 
Nirak prices. I shall refer to the manner in which these Niraks are 
prepared in another connection. It will appear from those remarks 
that the Niraks are unreliable and that the system is thefipen 
sesame of many petty officers. A close scrutiny of the statements of 
koppus purchased for Nirak prices discloses that not only more than 
the quantity of provisions fixed iri the afe purchased, 

bul that also varieties of kopeks riot included in the padivu and^ 
kbppu ridt supplied by viruthikars were purchased af Nirak rat’es^. 
•These irregularities do not appear to have been expressly noticed 
of sanctioned by superior authority. Oh enquiry" of the Valuk 
officers, I was informed that the authority for sucK -Jiurcha'sefe was 
Implied by the circumstance that the Huziir passed the statements 
of expenditure without objection. 1 shall give but ohe iffstabcfi 
, to' show the effect of such implied, sanction. The amount of 
such unauthorized expenditure for the Utsavam at Ettfamahbo’r 



298 


amounted in one year to Rs. 434“9chs-8cash. The excess 
^xoenditure on account of the value of koppus not included in 
the padivu was Rs, 67-4chs»— I cash, that on koppus which were 
never supplied by viruthikars amounted to Rs 188-5 chs-3 cash. 
And the surplus cost of koppus purchased in excess of the quantity 
fixed in the padivu was Es. 179-4-cash {vide Exs. Q R and S.) 

7. There Is another practice which, though plainly re- 
prehensible as tending to promote fraud, has ceased to be 
regarded as such, on account of its toleration by superior 
authorities. The balances available under one head are very 
often used to cover the expenditure on items for which the 
standard allowance is insufficient. But such transactions do not 
appear from the accounts that are written up. I have heard 
reports from several quarters, that during such and such an 
Utsavam, so much paddy was sold and the proceeds utilized, 
let us believe, for lighting torches during processions, or for 
purchasing cloth to be presented to drummers engaged for the 
Utsavam. These reports were made confidentially, because the 
practice is supported by the very authority which should be 
<iXpected to stamp out such improper practices, and would be 
denied if the deponents were publicly questioned, I am of 
opinion that such false entries should be entirely discouraged. 

8. The temple of Suchindram is the only pagoda which 
has been allowed to purchase provisions for daily ceremonies 
according to the padivu in full. It is noteworthy that even 
the temple of Vaikom is not so favourably treated. The 
allowance for ghee in that pagoda is found to be inadequate and 
my information is that it is supplied from sources which do not 
appear from the books. The following temples are allowed 
compensation for high prices to the extent of savings in pay and 
allowances and other heads as regards provisions required for 
Nityanidanom or daily ceremonies: — 



299 


.(1) Bhootbapandi, 

(2) Thiruppathisaram. 

(3) Thazhakkudi. 

(4) Derisanamkoppu. 

(5) Cape Comorin. 

(6) Parakka. 

(7) Nagercoil. 

(8) Vadaseri Krishnan koil. 

(9) Vadiveeswaram. 

(LO) Thiruvattar. 

(11) Nellacandaswami kovil. 

(12) Ramaswami kovil. 

(13) Kumara kovil. 

(14) Keralapuram. 

(15) Thiruvarpu. 

(16) Thtikariyoof. 

9. I may mention that the allotments in the case of the 
anincorporated temples which consist of paddy and money have 
continued unaltered from the date of the original padivu. 
I have already discribed the practice^rdating to incorporated 
temples in the matter of their supplies. According to the practice 
in Cochin, the allotments for some pagodas are unalterably fixed 
in money, while in the case of others, the padivir is fixed in 
provision. Here the fiction is that the padivu has fixed the 
provisions for all institutions. 

. 10. The following extract from the Selections frow 

TH'i RECORDS OF travancore, relates to the establishment 
in the incorporated pagodas 

“The pagodas that are under the immediate control of the 
Sirkar, have two santhikars or santhies (officiating priests), who 
ate on the receipt of a salary of 20 or 25 fs. each per month 



302 


•comparative statements of the receipts and the disbursements 
ot the pagodas for every two successive years. 

“There is also a Shroff or cash. keeper attached to each 
tij KaUvarak pagoda, whose duiy is to be in charge of the cash 

karen or btore* r i 

keeper. and paddy supplied from the District Cutcherry 

(2) VilakkuVep- f , 

pu or person who tor its use and to keep an account of the same 
"'^i'rAmba'iava- Corresponding with that kept by the Pillamars, 
thVmtenocQ*Mhe tbe One scfving as a check upon the other. Besides 
4 or 5 t^®se, there are petty servants employed in each 
Nlir*Smen®*fof P^goda as attendance, whose designations are given 
1*^ tbe margin. They are all on the receipt of very 
cui« Teargaation small allowances, generally receiving from 5 to as 
fy^cairedSi'Sr' low as 3 paras of paddy monthly. 

“ The Ambalavasies who are of the cast of Mootbathu," 
“Warriar,” call themselves higher in caste than Nairs, and this 
office is hereditary, They have each their share in the victuals 
prepared for the pooia, and the surplus victuals are sold and their 
proceeds brought to the credit of the Sirkar.” 

11. The salaries of a few members of the establishment 
at the top have been increased in recent years in a few pagodas, 
as for instance Vaikam, But in all other respects the description 
given above is pretty accurate. According to Dewan Sashiah 
Sasiri, “ The temple establishments give occupation and furnish 
means of subsistence to 4,445 persons.*’ 

12. The establishment as we have seen consists of very 
poorly paid men and very often the responsible manager’s pay is 
considerably less than that of the Santhikaren. I know of several 
pagodas which are managed solely by the Santhikars. The pay 
of the Manager or Chandrakaren is 14 chs. or 8 as. a month. 
The Santhikaren is the master of the situation in such cases. It 



303 


is not a matter for surprise if under such circumstances the 
Santhikars in a certain Districts should according to current report 
transport even grain intended for Nivedyom to their houses for 
private consumption. In the case of Dtsavam and other cere- 
monies for which market prices are allowed and which consume 
large sums of money, the Tahsildar or other superior officer is 
expected to take a close and personal interest in the purchase 
and distribution of pravisions and general conduct of the cere- 
monies- After the close of the ceremonies, and detailed 
statement of expenses is submitted to the Huzur. The preparation 
of these statements often takes and extremely long time to Bnisb, 
and I may be pardoned if I feel disposed to endorse the popular 
report that these statements ate generally not accurate. The 
taluk authorities complained that the want of uniformity in the 
principles on which these statements are scrutinized and passed, 
is answerable in great measure to the present system of writing 
wrong accounts. 

13. The following accounts are now submitted by the 
incorporated Devaswoms to Taluk cutcherries and to the Huzur:- 

(1) Monthly statements of expenditure. 

(2) Statements of e.xpenses for extraordinary ceremonies 
such as purificatory ceremonies &o. 

(31 Statements of jewels &c. 

(4) Annual statements. 

It would appear that the statements received in the 
Huzur ate tested with reference to Niraks and excesses over the 
Hirak rates, if any, are ordered to be refunded. 

14. The following accounts ate generally kept in 
Devaswoms: — 



304 


(1) Day-book of receipts and dtsbursements of paddy. 

(2) Gash-book of receipts and disbursements of money. 

(3) Day-book of miscellaneous receipts. 

(4) Daily Issue-book of stores 

i5) Register showing the accounts of silk andoloth. 

(6) Register showing the number of utensils. 

(7) Register of jewels. 

(8) Register containing the copies of chits. 

(9) Register containing the copies of Sadhanoms. 

(10) Register showing the particulars of Nadavaravu* 

(11) Attendance Register of all temple servants. 

(12) Inspection>book. 



CHAPTER IV 


SUGGESTIONS FOR THE ADMINISTRATION AND 
SUPERVISION OF STATE CHARITIES. . 

In the administration of this department of public business, 
great care and watchfulness ate highly necessary, to check waste 
and abuse^ansjng from negligence or want of integrity. It 
appears to be so everywhere. At the last annual meeting of the 
Central ppor Law Conference, the President^ Sir Edward Fry, 
referred to “the disclosures of peculation and dishonesty of late 
years in some important boards ot guardians *' as having pro. 
duced a very painful impression. These disclosures,” he 
continued, “ were disquieting not only because they showed the 
gross frauds of a certain number of persons in ofBce, but because 
they showed also the apathy of many ivho bad not participated 
in the actual frauds. '* He farther supposed that “to all guardians 
of the poor, the inquiries which had been held, had shown the 
impossibility of relying upon anything else than continues personal 
inspection and vigilance.” 

2. While on the one band, it is a matter for surpcise» 
thaf a Department spending nearly 14 lakhs of Rupees a year 
should be managed without a well organized central authority to 
supervise us working, it is, on the other hand, a matter for regret 
that the local administration is entrusted to a body of officers 
who are not sufficiently alive to the importance of the work or 
are not able to bqstow close or sufficient attention on it, for want 
of timCj owing to pressure of other and possibly more emergent 
work. This branch of work, always onerous and delicate, has 
become more so now op account of the necessity for thCj exercise 
o f greater care and viglance in procuring necessary supplies in 



306 


to do with revenue collection, revenue cases 

treasuryand stump work encroachm, , ^“''kuvaravu cases, 

wo* Remissness in these items f 

-ontion to these brings -tnilr T rat,':-?"' ^ 

on the other hand is a branch of work ,v I " 

noticed by the authorities unless when the Senerally not 
undue tendency to go h«yond the a shows an 

fore no wonder tha^he;Z^ “ t^ere- 

a warm interest in these affairs. The tT m 
circular to visit all the temples and other s^f- !■ “ 

jurisdiction at least, once a month. This is a a *”'= 

cuous in the breach than in the observance 
caseofUtsavamsin important pagodas wh "'® 

expenditure is high, the Tahsildar personally "tt a 
or deputes some subordinate of hi« ^ attends sometimes 

the ceremony. But generally his attendaTcT''^ 'v* “f 
helps to swell the cost of the ceremony t, only 

by the Haripad Koil Tampuran that jhi’st bef'r 

Haripad commences, the taluk authorities are 

malady which encourges extravagance et =* 

ruling idea with these officers is to mat oipenditure. The 

Utsavam grander than that of the " -''^^r's 

Tahsildar is anxious to earn populanCL'"^ rr' 

ceremony in a manner which will be lirii v 

predecessor. It would be something of thl 7 

of him early enough to admit of arrane ' S^'rrcd hold 

time for the purclrase of 

essary provisions and other 



307 


if the officers find themselves hopelessly checkmated by the high 
ruling prices and the deficiency of provision in the market. This 
state of things leads to manifold eVils among which the syste- 
matic manipulation of accounts with its tram of corrupting and 
demoralizing influences on the subordinates of the Department, 
is the most conspicuous and also the most pernicious. The 
Huzur Devaswom Department is aware of these consequences 
and has put forth spasmodic efforts to minimise the tendencies 
to waste and extravagance. Bat the system of administration 
now prevailing is such that the said Department is practically 
unable to do anything sabstantially to eradicate the evils 
■complained of. They -are able to indite pious circulars and 
often manifest a disposition to be very strict in passing statement 
of expenditure. Bututhey are not invested with the power of 
supervising the institutions and are not responsible for their 
practical working. The Zeal manifested in examining bills and 
statements submitted to them is often misguided and lands the 
subordmates including the Tahsildar and other officers into 
difficulties from which escape is often sought by resorting to 
questionable means. Facilities are not provided to Tabsildars 
to arrange for the purchase of supplies in proper seasons when 
the prices are not high. There is, however, a circular dated 18tb 
Karkadagom 1062, wfiicii requires advances to be made in time 
for the purchase of such costly articles as cocoa nuts &c. But it 
would appear that this and other circulars of the sort are not 
followed. 


3. The system of auctioning which obtains in the matter 
of furnishing supplies is of course theoretically sound. But in 
practice, it is.found to.bejoften disappointing. In this connec- 
tion, I wish to quotejthe following observations of an experienced 
Revenue Officer, “jl do not think that ordinarily the supply of 



308 


provisions by contractors is cheap in outstations. In important 
stations, snch as Trivandrum, Quilon &c., a competition may be 
raised and maintained. This is sure to be to the advantage of the 
Sirkar. But at other stations, the public auction is, so far as 
my experience goes, a farce. There is no competition and what 
little is found is to the advantage of the competitors rather than 
to that of the Sirkar, The Thasilders, if they are willing, might 
do a great deal towards making cheap purchases and even 
engaging proper contractors on favourable terms. It has to be 
remembered that as a rule when a contractor agrees to supply 
provisions, he generally calculates what he should pay to the 
petty subordinate to whom the delivery has to be made, to 
prevent his rejecting the supply. He feels that the Tahsildar 
cannot ordinarily be of helo to him in insisting upon the accept- 
ance of the tolerably good provisions that be supplies. Hence, 
he calculates the loss on this account and raises the price in the 
open competition. If, however, the Tahsildar would himself seek 
proper vendors, he has an incentive to see that his man is 
not oppressed by petty officials and the result will be that thtf 
Sirkar gets more favourable rates. I state this from experience. 
In 1082, 1 was engaged in holding action in three taluks to secure 
contractors for the supply of paddy. In one taluk, the Tahsildar, 
and I have much pleasure to mention his name, Mr. Sesha 
Iyengar, prevailed upon a number of bis acquaintances to supply 
paddy for one or two institutions, and they agreed to his 
request, feeling sure that no blackmail will be tolerated* The 
rates secured were phenomenally cheap ; while in other taluks, I 
do not think that the Tabsildars exerted themselves quite as 
much. Again, for Haripad Ulsavam, contractors are ioften found 
difficult to get. For three or four Utsavams that I managed, E 
used to prevail upon all my acquaintances including critbinal 
vakils each to undertake to supply certain items. They used 
to do so, but once the auction is put upon rigid lines, competitidit 



309 


would have been nil and purchase in the open market would 
have entailed gi*eater expenditure. The Tahsildars are the best 
persons to be relied upon for making cheap purchases. If tbefr 
endeavours are appreciated from time to time there is a distinct 
incentive to them to do their best as distinguished from their 
level best. ” 

4. This quotation is very suggestive and exposes one or 
two weak points in the current system. It clearly describes how 
the system of blackmail by the underlings of the Taluk cutcherry 
is answerable in a large measure for the waste and peculation 
so conspicuous in the management of our cha ities It shows 
how powerless the Tahsildar is to check these evils. It exposes 
the supreme neutrality of the Tahsildars in exerting themselves 
to their best for want of encourgement, to which I may add a 
further circumstance, vtz^, the chilling effects of the open exhi- 
bition of suspicion of their integrity ; by their juperior officers, 
of which several Tahsildars, both of.sbort and long experience 
in the Department, have complained to me most bitterly. It is 
further clear from the passage in question that in the. matter of 
purchasing supplies, it is not desirable to impose restrictions on 
the discretion of the Tahsildars and thereby hamper their action 
in making suitable arrangements on lines tending to economy, as 
owing to the backward state of trade and commerce m many 
parts of the country, the conditions of the market are not uniform. 
The officer to whom I am thankful for the opinions cited above, 
does not 'refer to the fact of the Tahsildars being an everworked 
public servant possessing consequently Jiltle or no time to attend 
earnestly to this branch of his duties which, I am inclined itd 
think', JS mainly responsible for the abuses pointed out. Theie 
l''cal executive officers have, already stated, a variety of affair's 
to engage their attention, and one of such things is the case Of 
touring parties. .This item of work is most annoying and irksome. 



310 


There is a strong conviction everywhere that part of the funds 
provided for the expenditure on Oottupuras and temples is often 
diverted for purposes of making the journey and the halts of the 
touring parties a success. Commissariat work is everywhere a 
matter which affords scope for scandalous malpractices. I may 
refer in this connection to the observations of Mr. S. Padmanabha 
Iyer, Settlement Dewan Petshkar, in his published opinion about 
the commutation of grain tax into money, “ A better stamp of 
public servants must be appointed for the Proverthies. The pay 
of the Proverthikaren and more so of his subordinates must be 
increased, and the increase and advance in education will attract 
a better class of men for the post* In the fourth place, the duty 
of furnishing supplies, putting up sheds, and doing a hundred 
and odd things for circuit officers and others must be wholly 
taken away from the tax collectors. One excuse urged and 
sometimes openly urged and often accepted by the supervising 
officers is that the above duty entails unpaid expenditure and 
that the Proverthikaren has no other resource for that expenditure 
except the Government paddy which it is said he is therefore 
obliged to collect in excess and which he is able to do under 
the present system." It is enough to add that what Mr. 
Padmanabha Iyer deplores as the misfortune of the Proverthi- 
kars which often commands the compassionate support of his 
superiors, is a phase of evil that was never confined to the 
Proverthy establishment alone. 

5. Another popularly believed mischief traced to taluk 
underlings is startling. It is alleged to be an open secret that the 
taluk subordinates are often in league with local merchants, in the 
preparation of Niraks. Mr. Subroyer’s remarks on the system 
of the preparation of the Nirak are very interesting and may be 
quoted. “ These Nirak rates, It is well-known, are not prices 
current but only a forecast of what they would be during the 


3U 


15 days following the date of report as made ont by the merchant 
and reported by the Kothuvals or other low-paid servants of ihe 
Revenue Department, The temple and Oottu servants are often 
called upon to supply provisions to these institutions and tc such 
supplies only those reported rates are allowed. It is therefore to 
their interest, to influence the merchants which they can and do 
freely, to report higher prices and sell them at Ic.ver.* This 
passage needs no comment from me. It has been reported to me 
by several responsible persons that, in anticipation of costly cere- 
monies for which supplies have to be found, inflated Niraks are 
deliberately prepared, and the expenditure calculted on such 
quotations is sanctioned- 

6. The evils of the present system of taluk management 
of the temple and other institutions of the State were powerfully 
borne on me by what I saiv and beard in my tour through out the 
State in connection with my special duty, I feel very strongly that 
it is absolutely necessary either to remove the management of 
charitable institutions from the Tahsildars or to establish a super- 
vising agency unconnected with'the Division authorities. In either 
case, it'Woald be desirable to introduce a popular element into the 
administration. On this point, I have been favoured with their 
Opinions by two gentlemen. One of them is Mr- Arumanay 
Sri Narayanan Tampij the son of His Highness the late Maha 
Raja, and the other is Mr. Rajararo Row, Assistant to the Quilon 
Dewan Peishkar- Both of them appear to be in favour of the 
introduction of the popular element into the administration of 
our charitable institutions. On the question of taluk control the 
former is silent and the latter inclines to think that it would be 
disastrous to place these institutions beyond their control. Mr. 
Rajaram Row has delivered himself in the following terms: — 
*'In the circumstance of the temples here, I do not think they can 
be divorced from the control of the local Revenue officer. His 
dissociation is not beneficial. In British India, I have heard 



312 


that the temples do not receive sufficient attention at the hands 
of the independent agency appointed from time to time. The 
experience of Ooranma temples nearer home in our State is a 
sufTictent object-lesson for as to conclude that private agency is^ 
insufficient by itself to undertake the trust. It appears to me, 
however, that a free mixture of the official and non-official 
elements in the administration of Devaswoms as a preliminary 
step towards Government xvithdrawing altogether from their 
management, will be a step in the desirable direction. In the 
case, howev’er, of what is called the Devaswoms without Ezhuibi 
Theeruva where some pittance is doled out, I would strongly 
suggest that they may at once be made over to the respective 
villagers who are willing to take charge of them with the grants 
fixed therefor. The condition of this class of temples is anything 
but desirable. In the case of other temples those that ace at 
Headquarters may be left entirely to the control of the Tahsildar. 
One or two respectable citizens of the station may, however, be 
permitted to bring to the prominent notice of the authorities any 
defects that they may notice in the working of the temple, and 
their representations should be arranged to stand on a different 
footing from that of a body of petitioners. Ordinarily |the members 
selected as reprecentatives of the Sri Mulam Popular Assembly 
ought lo be selected for this work. They will, of course, have 
nothing to do with the accounts or cash expenses. In the case 
of temples removed from the Headquarters of the Tahsildar’s 
office, it is desirable to associate the independent element 
in a yet higher form. Ordinarily jin such cases, it is a petty 
servant that is practically left in charge of these institutions and 
the visits of the superior officers off and on are not found to be a 
very great check. The local Proverthikaran and two respectable 
yjllagers might be constituted into a body lo supervise these 
institutions, to check irregularities on the part of the loxx^ 



313 


temple servant, to generally see to the efficient management of 
these institutions, to look into accounts and to move the Tahsildai? 
to rectify defects which get struck in spite of their endavours to 
the contrary.” Mr. Sri Narayanan Tampi’s utterance is in these 
terms: — “Coming to the subject 1 cannot better begin than 
quoting the following from the note on taxation in kind by the late 
Financial adviser Mr. E. R. Subroyer J — ‘ Of the minor temples 
receiving annual grants of Rupees 200 and less, numbering in all 
about only 132 submit some sort of account to the taluk 

authorities, the remaining 1,174 are left to be managed between 
the Proverthikaran and the temple servants. Any supervision 
worth the name over such a large number scattered in the rural 
parts, away from the Division and Taluk Headquarters, cannot 
be exercised with any effect by costly additions to -the already 
heavy village and taluk establishments. Management of village 
em pies and village roads will. It may be hoped, prove a conge* 
uial field to try the first experiments towards local self-govern- 
ment by enlisting the honorary services of landed properietors 
and other respectable persons of the locality.’ These minor 
temples may be grouped into circles or ranges according to their 
proximity in each village orpakuthi, and an advisory Board of 
respectable, honest and religiously inclined Hindus may be formed 
in each locality to make surprise visits to the temples, to bring 
to the notice of the authorities may shortcomings that may 
come to itheir notice 'and to suggest measures for the proper 
management of the institutions. The service ought to be strictly 
honorary and the qualifications for membership &c., are matters 
of detail. My strong opinion is that the creation of such Boards 
will considerably help the Government in the proper administra- 
tion of these temples and Ootlupuras and will serve as a check oo 
abuses ” 

7. There is a strong volume of independent public 
opinion in the country favourable to the introduction of the 



314 


popalar element in the administration of our religious and 
charitable institutions. Mr. Subroyer has as quoted above 
expressed himself hopefully on the subject. His hope was 
influenced by his expressed faith that “the village people will, 
under the general control and direction of Government manage 
these temples very much belter than ill-paid Government agency, 
and will also add to the Government grants by special offerings 
and donations both individual and communal.” But as a body, 
Tahsildars appear to look askance at a scheme which involves 
the harnessing of the official with the non-official in the practical 
work of management, I may refer here to the observations of 
the Judges of the Madras High Court in what is known as the 
Tnirupalhi Devaswom case. They said, “ We think considerable 
difficulty will be experienced in the selection now and from time 
to time hereafter of competent men to act as honorary members 
of the Committee. Occasional visits by persons not resident in 
the immediate neighbourhood ol the institution would hardly 
afford sufficient check. A body consisting of so many as 5 
members xctihoul any emolmneniSt expected to exercise a detailed 
control over the discharge of his duties by the Mahanti by a 
unanimous vote in some instances, and a fixed majority in others, 
is too cumbrous a machinery to work smoothly and effectively. 
The picture of the evils of a system of management by trustees 
in conjunction with a conimittee may well apply to the case of 
management by Tahsildars with a Board at their elbow- But 
Mr. Subroyer apparently did not contemplate to introduce the 
double harness system. There can be little doubt that such a 
system would be found to productive of considerable friction and 
therefore impracticable. What Mr. Subroyer appears to have 
had in view was the wholesale surrender of certain institutions 
to a Village Board which was to work under the general ^ control 
of Government. Such a scheme would be theoritically sound- 



315 


1 believe it may be found to work satisfactorily in villages were 
qualified members can be found to work on the Board. It may 
be possible in some villages to secure a strong Board; but I am 
not sure if such facilities would be found to exist throughout the 
country. At any rate the system is worth a trial. 

S. In the Case of other temples directly under Sirkar 
management also, it would be desirable to introduce the inde- 
pendent non*official ; but precauiions should be taken to avoid 
friction which would defeat the very object of the proposed 
measure. The lesson furnished by the Educational Beards shows 
the necessity for defining the position of these non-official 
members exactly. In the event of the development of cordial 
feelings between the non-official members and the official 
president the combination will contribute la various ways to 
the prosperity financially and otherwise of ibe institutions con- 
cerned. To this end it would be desirable toselect a Board 
of three members for every village in which there Is a 
Government charitable institution. These Village Boards might 
be authorised to collectively elect 4 members for the Taluk 
Board which may consist of a few additional non-officials 
selected by Government partly from the bar and partly from 
other professions. The Taluk Board should meet monthly 
and discuss the statements for all institutions whose annual scale 
of expenditure is above Rs. 300 and pass their resolutions which 
should be communicated to the higher authorities for such action 
as may be necessary. The TahsUdar or his deputy may be the 
president. The Village Board should also meet monthly under 
the presidentship of the Proverlkikar and review the statements 
for institutions whose scale of expenditure is below Rs. 3C0. 
Members of these Boards should be permitted to take copies of 
accounts. In the case of pagoda with costly Ulsavams, the 



314 


popular element in the administration of our religious and 
charitable institutions. Mr, Subroyer has as quoted above 
expressed himself hopefully on the subject. His hope was 
influenced by his expressed faith that “the village people will, 
under the general control and direction of Government manage 
these temples very much belter than ill-paid Government agency, 
and will also add to the Government grants by special offerings 
and donations both individual and communal.’* But as a body, 
Tahsildars appear to look askance at a scheme which involves 
the harnessing of the official with the non-official in the practical 
work of management, I may refer here to the observations of 
the Judges of the Madras High Court in what is known as the 
Tnirupathi Devaswom case. They said, “ We think considerable 
difficulty will be experienced in the selection now and from time 
to time hereafter of competent men to act as honorary rnembsrs 
of the Committee. Occasional visits by persons not resident in 
the immediale neighbourhood ol the institution wouid hardly 
afford sufficient check. A body consisting of so many as 5 
members without any etnolumentSt expected to exercise a detailed 
control over the discharge of his duties by the Mahaot, by a 
unanimous vote in some instances, and a fixed majority in others, 
IS too cumbrous a machinery to work smoothly and effectively. '* 
The picture of the evils of a system of management by trustees 
in conjunction with a committee may well apply to the case of 
management by Tahsildars with a Board at their elbow. But 
Mr. Subroyer apparently did not contemplate to introduce the 
double harness system. There can be little doubt that such a 
system would be found to productive of considerable friction and 
therefore Impracticable. What Mr. Subroyer appears to have 
had in view was the wholesale surrender of certain institutions 
to a Village Board which was to work under the general control 
of Government. Such a scheme would be theoritically sound. 



315 


1 believe it may be found to work satisfactorily in villages were 
qualified members can be found to work on the Board. It may 
be possible in some villages to secure a strong Board; but I am 
not sure if such facilities v/ould be found to exist throughout the 
country. At any rate the system is worth a trial. 

8. In'the case of other temples directly under Sirkar 
management also, it would be desirable to introduce the Inde- 
pendent non*official ; but precautions should be taken to avoid 
friction which would defeat the very object of the proposed 
measure. The lesson furnished by the Educational Beards shows 
the necessity for defining the position of these non-official 
members exactly. In the event of the development of cordial 
feelings between the non-official members and the official 
president the combination will contribute in various ways to 
the prosperity financially and otherwise of the institutions con- 
cerned. To this end it would be desirable toselect a Board 
of three rrembers for every village in which there is a 
Government charitable institution. These Village Boards might 
be authorised to collectively elect 4 members for the Taluk 
Board which may consist of a few additional non-officials 
selected by Government partly from the bar and partly from 
other professions. The Taluk Board should meet monthly 
and discuss the statements for all institutions whose annual scale 
of expenditure is above Rs. 300 and pass their resolutions which 
should be communicated to the higher authorities for such action 
as may be necessary. The Tabsildar or his deputy may be the 
president. The Village Board should also meet monthly under 
the presidentship of the Provertkikar and review the statements 
for institutions whose scale of expenditure is below Rs SCO. 
Members of these Boards should be permitted to lake copies of 
accounts. In the case of pagoda with costly Uisavams, the 



316 


Boards may meet and settle a scheme for carrying out the 
festival economically. And generally the Board may be required 
to verify the jewels &c., periodically. 

9. But the crux of the whole question to whether the 
Taluk management is condusive to the best interests of the insti- 
tutions concerned. As I said before, many of the Tahsildars are 
overworked j and it would be idle to expect them to be able to 
pay very close attention to the daily transactions in the temples 
and Oottupuras under their charge. It would be well and 
consistent with the tendencies observable every where in the 
direction of decentralisation to place the administration in the 
hands of a separate Department. That the Honorable Ramiengar 
took the same view apoears from the following observations of 
his, contained in his Settlement Memo:— 

“ There are now under direct Sirkar management U549 
temples scattered over the country, and 45 Oottupuras along the 
road from the Aramboli pass in the South, to Parur in the North. 
They are under the supervision of the respective Tahsildars 
subject to the control of the Peishkars, but owing to the multi- 
farious duties devolving on these officers, the supervision exercised 
is more nominal than real. The consequence is that very 
gross abuses prevail in the administration of these institutions 
* * * # If all this is to be checked and if the institu- 

tions are to be restored and restricted to their original object, and 
if the Devaswoms are to be properly managed after the abolition 
of the Virulhi they must be placed under close supervision and 
this can be effectually done only by relieving the Tahsildars and 
Peishkars of their charge and substituting the supervision of a 
good and energetic officer who shall devote his whole time to 
vi«iting and controlling the various institutions, and regulating 
and auditing the expenditure and checking abuses. The officer 



317 


would require a well paid insp&ctcr or Aminadar for each 
D.vision under him and a few clerks and accountants and some 
peons. The local establishments at the various pagodas and 
choultries would also probably need to be revised and placed 
on a proper footing.’* But it is often said that this system 
^vas tried and found to be a failure. Ward and Conner 
have stated as follows on the point : — " Of the multitude of 
temples 400 are supported by the Sirkar; they were endowed 
with lands yielding an annual amount of 3 lakhs of Rupees; 
the administration of this revenue was in a great measure under 
the direction of the Superintendent and Principal of the temples— 
a sort of independent control, it was found necessary to abolish.” 
This passage shows that the temples and possibly the Otlupuras 
had a seperate Department under the charge of a Superintendent 
to manage their affairs. It appears from the Hurur Thirattu 
for 993 that an officer called Gumasta and two Aminadarsi 
drawing a pay of Rs* 35 each, were appointed with half a dozen 
clerks and other estabhstment, costing in all 142 and odd 
Rupees to manage the charitable institutions of the State. In 
1017, the name of the officer at the head was converted into 
Moozoomdar and his pay was increased to Rs. 40. Again, in 
1030, the pay of the head was still further raised. It was then 
fixed at Rs. 150, and the official designation of Moozoomdar 
was changed into that of Daroga, This system gave place to the 
present one, according to which the administration of 
Devaswomsand Oottas is a part of the work of the Tahsiddr, 
carried on under the suoervision of the Chief District Officer, 
the Dewan Peishkar, This system too, however, appears to 
have been fruitful only of abuse from the earliest times, as the 
printed circulars of the Huzur from the year I022» would show. 
Circular No, 3516, dated 26th Mithunam 1022, directly aceusses 
the Taluk authorities as being in conspiracy with the Oottupura 



318 


and Proverthi officers lo defraud Government. Another circular 
of the 29th Mithunom of the same year charges the Tahsildars 
with neglect of duty in not surpevising the Eswara Sevas 
instituted in the Talukst Again in 1024, circular No S7l> dated 
4th ICanni was issued to the Tahsilda* warning them of the 
effects of their carelessness in attending to Devaswom matlPtSf 
which, they were told, was one of their important duties- Such 
circulars might be multiplied; but it is not necessary to do so? 
my object being only to show that the measure was not a pure 
success even at the beginning. In more recent times, Dewan 
Mr, Rama Row, c. i, E., felt that the work of Devaswom 
administration was done but perfunctorily by Tahsildats and 
he introduced a tentative measure immediatly after he was 
appointed Dewan. After a year’s trial, this measure was given 
up as it was condemned on all bands. The measure, however, 
was an ilUconceived one, and its failure must have been a fore- 
gone conclusion. Four Kariakars were appointed for the whole 
State for the supervision of the Devaswoms and Oottus to the 
exclusion of the Tahsildars, This measure was doomed to be a 
failure and it was rejected at the end of the year’s trial and the 
old system was adhered to, It would be misleading to draw any 
inference from the results of this measure, about the benefit of 
placing the affairs of our charitable institutions in the hands of a 
separate Department. 

10. It would thus appear that the present system has not 
been accepted by Government as the best practicable system. 
There is no doubt that it does not add a pie to the cost of 
administration and that any independent system of management 
would cost a good deal. But as the late Honorable Ramiengar 
observed, “ The additional expenditure would be repaid many 
times over by the increased economy resulting from the checking 
and prevention of abuses under the strict management proposed 



319 


to be introduced.'* Perhaps it fe also possible to readjust the 
whole official machinery on the revenue side in such manner as 
to minimise the charges of administration. A central establish- 
ment at Headquarters with a chief on Rs 500 and office 
establishment consisting of a few accountants with one head 
accountant and a few correspondence cierks both for Vernacular 
and English sections would cost a little more than Rs 3,044 a 
month. The establishment of a supervising agency consisting of 
3 Divisional officers and a few clerks &c. costing Rs 960 a month 
would be necessary, as the mstitutions are scattered m various 
nooks and corners over an area of 7,129 square miles* About 
13 local officers in charge of various stations would come in (or 
a monthly expenditure of Rs. 790- The total cost would appear 
to be prohibitive as the Department is not an earning one. I am 
confident that any outlay in this direction would bear fruit m a 
very short time by minimising if not extinguishing fraud and 
malpractices from the Department and by leading to general 
measures promoting economy. 

I gave below the particulars of this scheme 


Commissioner and hts oi^ce. 




Monthly pay 

Total annnal pay 


MiDimam 

Rs 

Manmum 

Rs 

MiDimum 

Rs. 

Maaimum 

Rs. 


Commissioner 

500 



S,400 


Manager or Shirastadar 

50 

70 

600 

800 

1 

Engtish Head Clerk — 

35 

35 

420 

420 


English Clerk -» 

20 

20 

240 

240 


Vernacular Head Clerk 

35 

35 

420 

420 

2 

Vernacular Clerks at Rs.20eacb .. 

40 

40 

480 

480 


Itegistcnng Clerk 

15 

15 

180 

180 


Dapatching Clerk 

15 

>5 

180 

180 


Record keeper ... 

20 

20 

240 

240 

\ 

Head Accouatant 

35 

35 

420 

420 

4 

Accountants at Rs 20 each ... 

80 

80 

960 

960 

6 

Accountants at Rs 15 each ... 

90 

90 



l 

Mochi 

7 

7 

84 

84 

i 

Dutfadar 

10 

10 

120 

120 

4 

Peons at Rs 6 each 

24 

24 

288 

288 

4 

Peons at Rs 7 each ... 

28 

28 

336 

336 

1 

Expert to Toftnchra Sastram 

40 

50 

480 

600 


' Total 32 

1 1.044 

1 274 

1 12 52S 

i '5 2 8 


320 


Assistant Commtsstoner's office. 


iName of officers 

Monthly pay 

Annual pay 


Rs 

Rs 

1 Assistaot Commissioner 200 to 250 Rs 

' 200 

2,400 

1 Head Clerk •. 

20 

240 

2 Clerks on Rs 15 each 

30 

360 

1 Head Accountant 

20 

240 

2 Accountants on Ks 15 each 

30 

360 

4 Peons at Rs 2 each 

20 

240 

Total 

1 

320 

: 

3,840 


The cQsi of 3 A&stsiani Commtsstonera and thetr offices wouldhc Rt, 11i520 


Supermtendentsy one for each of the following groups, Ftrst Class 


Groups. 

Monthly pay 

Annual pay 


Rs 

Rs 

Tovala aad Agastistvaram ... 

75 

900 

Kalkulam and Eraniel 

75 

900 

Thiruvalla and Cbacganachery 

75 

900 

Cbertala and Vaikom ... 

75 

900 

Bttumanoor, Meenachil and Kottayam ... 

Quilon, Kottarakara, Fathaoapuram and 

75 

900 

Kanoatboor ... 

75 

900 

6 Superintendents ... 

450 

5,400 


Supertniendents Second Class. 


Groups 

Monthly pay 

Annual pay 


Re 

Rs. 

Vilavankod and Neyyattinkara .. 

40 

'480 

Trivardrura and Nedumangad 

40 

480 

Mavelikara and Cheeganoor ... 

40 

480 

Alet kad and Parur ... 

40 

480 

Muvattuouzha, Kunnathonad and Thodapuzba ... 

40 

480 

5 Superiotendeots ... 

250 

2,400 









321 


" SuperiniendentSf Third Class, 


Groaps. 

Monthly pay 

Anneal pay 

i 

Rs. 

Rs. 

Chirayinkil, Ambalapazha and Cape Comorin ■ 



each on a monthly pay of Rs. 30 

90 

1,080 

3 Sapeiintendents ... 

90 

1.080 

1 

Rs. 

Rs 

Total namber of Seperinteedents 14 ... ' 

740 

8,880 

SuperinlendettVs ^iablishment. 

Name of officers 

i Monthly pay 

Anotial pay 


Rs. 

1 Rs. 

2 Rayasoms at Rs- 10 each ... 

20 

240 

2 Aceoantaota at Rs. 10 each 

20 

240 

2 Peoos at Rs. S each ... 

10 

120 

Total .. 

50 

600 


The officers for CapeComormy Ambalapazha and Chira- 
yinkil need not be given separate establishment, as the existing 
staff at those stations is sufficient. The office establishment of 
the remaining 11 Superintendents will cost annually Rs. 6,600* 

n. Travelling allowances should be allowed to the 
Commissioner and the Assistant Commissioners. The Super** 
intendents may generally be given a consolidated allowance of 
Ks. 10 a month for keeping a conveyance. The Quilon Superin- 
tendent who has to travel by tram would require a higher 
allowance. A sura of Rs. 25 may be given to him. The Com- 
missioner’s travelling charges may not exceed Rs. 1,000 a year* 









322 


Those of the Assistant Commissioners may cost half as much 
more. The total charges for travelling may thus amount to 
Rs. 4,360 annually including the allowance for Superintendents, 
The allowance to the two members of the Board proposed by me 
in my report on purificatory rites may be fixed at Rs- 15 a month, 
and their hona fide travelling charges should also be paid, if they 
are required to move about. The total minimum cost of the 
Department will thus amount annually to Rs. 44,248 and the 
maximum cost will amount to Rs. 47,008. 

12. If the number of Divisions be reduced to three, a 
Peishkar's salary amounting annually to Rs. 6,000 may be made 
available for the Commissioner. The existing Devaswom 
Shirastadar’s office and the four Aminadars cost annually Rs. 6,432. 
The total of Rs. 12,432 being deducted from the estimated cost, 
the surplus that has to be found to meet the minimum cost is only 
Rs. 31,816 a year. 

13, The First and Second Class Superintendents may be 
invested with Third Class Magistrate's powers. 

^ 14. The objection ordinarily raised to a scheme of this 

kind is, that it is doomed to fail, since it aims to remove the 
nstitutions in question from the sphere of the Tahsildar’s influ- 
ence. I have been told that if the measure were introduced, the 
car festival at SUchmdram would certainly cease to be performed 
satisfactorily. I do not share these fears It is alleged that the 
Devaswom Superintendents would not be able to exercise local 
influence to the extent the Tahstidars would be able to command. 
This objection seems to me to be illusory, as under the scheme 
it is proposed to strengthen the bands of administration by insti- 
tuting popular Boards. The members of these Boards would be 
people of local influence, and with their co*operalion» I believe 
the Superintendents would be able to secure popular help and 
sympathy directly and by legitimate means. 



323 


15. If. however, it be considered unwise 
leap in the dark =tbout 

,.. ’".“vr „”:,;''L. 

necessarv to give them a lUtie neip 

Liow i; dealing with the subject on the ‘ ' 

existing order of management is the least ob,ect.onable method 
suited to our circumstances. 

16, If a separate Department for the management of^ 
Devaswoms &c.. be tabooed as inexpedient, the next best thing 
appears to be to improve the existing machinery. The ch.ef 
defects of the present system ate the following : 

(1) want of time to attend minutely to all the transa- 
ctions personally; 

(2) want of due supervision by the higher authorities, 
like the Peishkar ; 

(3) the temptation aHorded by the duty of furnishing 

supplies &o.. to utilise charity funds for other 


purposes *, 

(4) the non-recognition of this branch of work as a' 
substantial item of taluk and district officers 
daily routine. 


17. I would suggest that the Tahsildars be given some 

special help in the case of at least a few institutions, which on 
account of their importance, owing to their high style of expendi- 
ture and the large crowds of devotees they attract, deserve to 
have their transaction carried on under the most^ efficient and 
disinterested supervision. Among this class of institutions, I 
would include Ettumanoor, Vaikom, Ambalapuzha, Aranmula., 



324 


Haripad, Thiruvattar, Suchindram and Cape Comorin. Amonj 
these institutions themselves, we may have a classification into 
two orders. The temples of Suchindram, Vaikom and 
Ettumanoor deserve to be placed cn a higher footing than the 
rest. The temples of Ambalapuzha, Aranmnla, Cape Comorin, 
Thiruvattar and Haripad may be placed in the second class* 
I propose that these two classes of temples should be placed 
under the immediate charge of special managers acting under 
the Tahsildar. The pay of the 1st class manager may be Rs. 50 
and of the 2nd class manager Rs* 35. These may be invested 
with the powers of a third class Magistrate. These managers 
would cost monthly Rs. 325. A clerk and a peon may be allowed 
them out of the existing establishment at the stations. 

18. The remaining institutions may be managed under 
the present system by the Tahsildars themselves. The Deputy 
Tahsildars may be invested with third class or second class 
powers in order to lighten the work of the Tahsildar and thus 
enable him to devote substantial attention to the charitable 
institution in his charge. 

' 19. The superior officer of the District should make it a 

point to pay surprise visits to all these institutions. Their circuit 
diaries should invariably contain notes of such inspection. It 
would be also advisable for the Huzur Secretary in charge of 
the Devaswom work to move about on a. tour of inspection 
annually so that all the kindred institutions in the State may 
receive the benefit of a personal inspection from the officers of 
the Central Department which will pave the way for the 
introduction of generally uniform policy of administration 
which is now entirely wanting. 

20. The system of calling upon the -taluk authorities to 
furnish supplies to tourists is a vicious one, and the sooner it is 



325 


ab^Jished the better for all concerned. It exposes the underlyings 
to the risks of considerable oppression from which they naturally 
seek to escape by resort to sliady transactions. The most 
feasible remedy for this evil is to employ contractors for all kinds 
of supplies and services and to appoint a separate officer for 
each division to be in charge of this branch of work. 

21. The last defect noticed by me may be easily removed. 
It reguiries very little for the taluk officers to be reminded of the 
importance of the work. The taluk officers have complained 
to me often that their position exposes them to treatment which, 
to say at least of it, is undegnified. Most, if not all, of our Tahsil- 
dars are men of education and culture. It was not very long 
ago when I heard a Dewan speaking to certain superior officials 
of the desirability of offering seats to Tahsildars who visit them. 
The Munsiffs are generally treated as gentlemen ; but the Tahsll^ 
dars seem to consider that they are treated differently. The two 
sorts of officers are theoretically on the same grade, and I think 
there is much truth in the complaint of the Tahsildars. Doe 
consideration for their position and respect for their feelings 
cannot be lost on them. I feel that it would, on the. other hand, 
secure better administrative results. 



CHAPTER V 


GENERAL PRINCIPLES OF REVISION AND OTHER 
SUNDRY MATTERS DISCUSSED. 

The padivu expendltare in incorporated Devaswoms in 
paddy and money amounts to 7,68,039 paras 65J edangazhies of 
paddy and Rs. 2,67, 819-13chs.-I2cash. This is exclusively of 
the allotment from Oottus amounting to 13,309 paras and ife 
edangazhies of paddy and Rs. 4,450-3 chs.- 1 cash. The total 
allotment is equal to 7,71,848 paras 7/5 edangazhies of paddy and 
Rs 2,71,269-16 chs-13 cash. The actual expenditure of the 
incorporated Devaswoms amounts to 7,59,810 paras 7H edan- 
gazhies of paddy and *Rs. 3,19,893-8 chs. 11 cash. Out of this, 
a sum of 4,952 paras 7|^ edangazhies of paddy and Rs. 663*4 chs. 
3 cash to be debited to Dharmapullu and Thanner Pandah 
The balance of 7,54,858 paras i cdangah&y and Rs. 3, 1 9,230-4 chs* 
9 cash is the expenditure on incorporated temples. (Ex» A F.) 

2. The padivu for the unincorporated Devaswoms ts 61,865 
paras 1\ edangazhies of paddy, and Rs. 17*443-17 chs.-9 cash. 
The expenditure amounts to 61,368 paras 6fV edangazhies of 
paddy and Rs. 17,222-3 chs. 7 cash. (Ex. A F.) The padivu for 
foreign Devaswoms including a grant of 83 paras 9} edangazhies 
of paddy and Rs. 104-0 chs. from Vaikom Oottu to Thrippuni* 
thura Krishnaswami amounts to 71,101 paras 7^5 edangazhies of 
paddy and Rs. 10,634-26 chs.-6 cash. The expenditure in paddy 
is equal to the padivu. The expenditure is met partly from taluk 
treasury and partly from the Huzur treasury. The taluk returns 
bear out the whole, of tSe expenditure in paddy and a money ex- 
penditure of Rs. 6,821-6 chs. 14 cash- The Audit Office figures 
bear out an expenditure of Rs. 2,341-5 chs.-l cash. The taluk 
returns for Shencoita show that a sum of Rs, 21-16 chs.-6 cash 



327 


allotted to Rameswaram pagoda is not being disbursed for some 
time past* I have not received statements of evpenditure for 
the sum of Rs. ?,450-27chs. (Er. A F). The padivu for Sri 
Padmanabha Swamy’s pagoda is equal to 91»208 paras 2\\ edan- 
gazhies of paddy and Rs* 86,S43-2 chs. A cash. The expenditure 
is equal to 91,123 paras 83^ edangazhies of paddy and Rs. 90,160 
13 chs.-4 cash (Ex. A F). 

3. The total padivu for Devaswoms, local and foreign, 
incorporated, and unincorporated amounts to 9,31,524 paras 4|5 
edangazhies of paddy and Rs 3,87,I9I“6 chs.—lS cash. The 
total expenditure is 9,14,342 paras edangazhies of paddy and 
Rs. 4,34,775-3 chs.-3 cash 

4. If all the provisions expecting rice be supplied in 
quantities equal to the padivu at market rates, the additional 
expenditure would amount to Rs. 1,01,233-14 chs. 11 cash. And 
Government would have to bear the difference between the 
market rate and the commutation rate for the whole quantity of 
paddy required. 

5 It is necessary therefore to settle at the outset, the 
principles to be followed in fixing the scales, so that economy and 
efficiency may be better secured. 

6 I addressed the following observation to Government 
on 1 5th Audi 1082. " It appears that Government has treated the 
Ezhuthitheeruva Devaswoms generally in three different ways. 
In the case of some Devaswoms, the actual expenditure in money 
for the padivu quantity of provisions is sanctioned. In the case 
of some other Devaswoms, expenditure in excess of the padivu is 
allowed to the extent only of stoppages and chilavomicbom, and 
finally, there are some temples, and they form the majority 
where no excess expenditure is allowed, though it cannot be 
denied that such temples also require help, if the padivu standard 



of expenditure has to be maintained. The disparity in the treat* 
ment of these three classes of institutions is probably due to the 
general conception of their relative importance either in point of 
wealth 6r of attraction of pilgrims and so forth. The 3rd class 
of Devaswoms 'appears to me to require more active help in the 
future from Government than the others which are already 
receiving full or at least substantial contributions to meet the 
®urplus cost arising from the steady rise of the value of provisions^ 
But I am also aware that it is undesirable to continue a padivu 
simply for the reason that it was fixed long ago, if the scale laid 
down is capable of being curtailed without interfering with the 
essential riles and services to be performed * * » • 

I may take this opportunity of stating that any padivu I may be 
able to draw up can only be a fairly tentative one and that strict 
accuracy and thorough retrenchment can be secured only by 
scrupulous supervision in the practical working of the scheme, 
with an eye to economy. I propose to work on the broad lines 
enunciated above, keeping in view the difference in the market 
price of a para of paddy and the value assumed for the purpose 
of revenue, and curtailing the expenditure in paddy on all heads, 
except Nivedyom with the object of keeping down the expense 
as far as possible." 

7. I shall quote the late Dewan’s comments on my obser- 
vations. " In reference to paras 5 and 9 of the report, Govern- 
ment hope that no ideal padivu will be tolerated for any institution 
but a padivu will be fixed in reference to all important consider- 
ations such as, (1) the original padivu or the prevailing padivu, 
(2) the ratio of its cost to the original assests or income of the 
temple if ascertainable, (3) the scale of it in reference to the then 
and the present importance and position of the institution, (4) a 
comparison of their present actual needs, (5) the mutual proportion 
of the several items,. (6) the relative cost as determinable by the 



329 


then and present prices, (7) the position the institution occupies 
in th** general scale and how much should be or could be allowed 
having regard to the total assets, income and receipts, expenditure 
on account of all such institutions Government expect that the 
paramount considerations will be (a) necessity (h) economy, and 
I have no doubt that the special officer will bear these in mmd ” 

8 I have considered the subject most anxiously and 

discussed it uith several independent gentlemen who felt a 
sjmnathetic interest m temple matters. There is doubtless a wide 
divergence of view son the point Some are inclained to think that 
the padivu sanctioned in the days of Colonel Munro should be 
maintained without any change whatever. This view has 
found exponents in official and non-official circles A memorial 
from the Aryahhivardhtnt Sahha of Mankombu has given 
exorcsston to this view Ex. G ) Mr. Subrahmann Aivar’ 

the onl> Dewan PeishUar who ba« been kind enough to help me 
with an exposition of his \ lews, has written as follows That 
those padiv us were greath curtailed by Col. Munro, is a matter 
of reliable fadition. To reduce these oadivus still further or to 
sanction such fix'-d allotment that would have the same effect is 
unwaranted The Devaswom is either a trust of Government or 
Government’s pirt and parcel. In the former case, the Govern- 
ment must be bound b\ the duties and limitations of a trustee 
In the latter ca<5e, allotments should be increased just as otner 
Departmental allotments have been increased withm the last few 
decades Any other position would be just and inequitable” 
(vuh Cx. L) 

9 It will be seen tmt the general question of principle 
involved in the subject under consideration relates to the nature 
of the settlement made m 987. I have already cited Dewan 
Sashnh Sastri's observation that that settlement was made on a 
permanent basis and have also added that the remark is 



330 


some*what ambiguou'? Does the remark mean that the padivu 
was fixed in money or in provisions? The practice of reappro- 
priating savings for current expenditure is against the view that 
according to that settlement the padivu value of provisions should 
never be exceeded. The practice of pajnng the Nirak\aluein 
the case of provisions supplied formerly by viruthiLars is also 
opposed to that view. It would be extremely unreasonable to 
hold that the intentions of those who framed the scales in 987 
was to fix the money allotment for provisions permanently once 
and for ever, without reserving to the institutions any claim for 
an additional allotment in consequence of the general advance m 
maritet prices- In the term “provisions,” 1 include e\ ery thing 
but nc** asitcinnot be denied that the quantity of this article 
was fixed in paddy. 

10 I have already shown that the settlement of 037 was 
equal to the annual income of the Devaswom properties and 
included items of expenditure borne til! then by the State out of 
Its own resources. According to my calculation, the Sirkar made 
a profit of 2 lakhs of Rupees from the date of assumption. But 
the padivu fixed in 087 does not appear to have made any provi- 
sion for the cost of periodical rep urs of temples and their 
furniture. The cost on these heads must be not inconsiderable. 
In Dewan Mr Seshiah Snstn's Report, the cost of repairs and 
reconstruction of pagodas for the years lO'lB and 1049 is men- 
tioned to be Rs. 26,990 and Rs. 41,250 respectively. The 
outlay for reuairs of copper and brass utensils of all Sirkar 
institutions for those two years is given as Rs. 7,049 and 
Rs 1,447 respectn ely. The average annual cost of repairing 
vessels appears, from the informations supplied to me by the 
Chempu Panippura Department, to be 33,565 t% fs (Ex. 1). The 
taluk returns show an annual average expenditure of 5,13,708,^ fs. 
for repairs to temples &c. The cost for purificatory ritos 



331 


appears to have stood at the following figures for the decades 
noted below : — 

Particulars of decades. 

fs. 

chs. 

cash. 

1019 to 1030 

76,312 

2 

7 

1031 ,, 1010 

• 1,18,198 

3 

5 

1011 „ 1050 

1,12,200 

0 

10 

1051 „ 1060 

2,47,201 

3 

6 

1061 „ 1070 

10,93,552 

1 

10 

107! „ lOSO 

7,62,647 

1 

It 


1 1. These item^ of expenditure are usually met in private 
temples from the collections of offertories augumenied by 
voluntary contributions and the rates payable on such occassions 
by Devaswom tenants. From enquiries instituted by me, I 
learn that in many private temples, the normal collections are 
consumed by the ordinary and extra*ordinary ceremonies, the 
acknowledged principle of action being that the balance, after 
meeting the ordinary, daily and monthly ceremonies, should be 
spent on Utsavams. But the scale for the Sirkar temples appear 
to have been framed on lines which left a lery substancial 
balance of 2 lakhs in favour of the Sirkar out of the normal 
revenue itself Besides the revenue from landed properties, Sirkar 
Devasivoms are credited with receipts under the following heads— 

(1) “the proceeds of the offering boxes which are 
opened occasionally and credited for repairs or 
other extraordinary works m connection with the 
institution, 

(2) the proceeds of the daily open offerings and sale 
of rice, and 

13) the proceeds of the sale of offices or the levey of 
fixed fees in connection with them*" 



332 


The Sirkar Devaswoms do not rece'v'e anv subsidy jn the 
nature of private contributions for repairs &c. The special cesses 
collected from Devaswom land-holders of private institutions 
have altogether vanished from the Devaswom Revenue system 
The offertories bring in some revenue which is, however, so 
precarious and extremely sensitive an item as to be affected bv 
the slightest change in Che public senCimefit 

12 It IS any how clear that the Sirl ar has to spend a 
part of the savings for reoairs He , and the amount of auch contn 
butitions mav go on increasing from year to year with the decline 
of public support Even allowing that on an average a lakh vvas 
annualh spent by the Sirkar on these heads out of the saMngs 
they have still to account for a lakh every ^ea^ 

13 Calculating the savings at a lal h of Rupees from the 
date of assumption, the State mav be said to be indebted to the 
Devaswoms to the extent of a crore oi Rupees which at 3 per cent 
will N leld 3 lakhs a year. To this it is no answer to say that the 
Sirkir has not b“en given credit for the exosnse on the stalf 
maintained for supervision For such supervision probabU 
entailed no considerable expense when the institutions were 
managed bv tie Ooralers themselves 

14 IMr Subrahmania Aiyar’s views are those of a 
sympathetic lover of our national religion and religious insti 
tutions The position of Government in the matter of the^e 
Devaswoms is, as observed elsewhere in this paoer, that of 
Melkoima trustee As such their interest in Devaswom properties 
IS not different from that of ordinary trustees But, as far as the 
management of the institutions is concerned, they have a para- 
mount duty, to maintain them in the most efficient condition 
possible, uith reference to their resources. Trustees have the 
power of modifying the scale of expenditure to suit the interests 



333 


of the institutions under their charge. - Mr. Subrahmania Aiyar 
has alluded to the fact that prior to the assumption of Deva- 
swoms by the Sirkar, “ the expenses of the temple bad been met 
by the income derived by leasing out the lands belonging thereto 
at necessary intervals and obtaining rent at the highest and most 
profitable rates both m kind and in money, according as they 
served the interests of the institutions best. But he has omitted 
to notice tne fact that private institutions are often dragged into 
courts in connection ^Ylth their claims for rents and renewals, and 
that often Ooralers are forced to give up their claims on account 
of the difficulties of collection. It is undeniable that Government 
connection with Devaswoms has had a beneficial effect m saving 
valuble property from being frittered or wasted away. This was 
possible only by making the revenue collections easy and simple. 
To this end the system of Devaswom land administration was 
gradually changed after the Strkar assumption cf Devaswoms. 
It is impossible now for Government to take the position of 
private landlords and screw out rents as the latter do. The 
Kangany and Amani system of land tax administration dis- 
appeared long ago, and the system of Devaswom land admini- 
stration has been assimilated to the lines on which the general 
administration of land revenue is carried on. Besides, in many 
case, the land as we have seen became Sirkar lands and in others 
they were leased at rates equivalent to the rates for pandara- 
pattom lands. In the recent settlement, patta has been granted 
for these lands, and there can be no revision of the rent during 
the currency of the present settlement. 

15. The remedj’, it may be urged, is to divorce the 
management of pagodas totally from the sphere of Govern- 
ment. But to adopt the remedy would amount to the violation 
of one of the primary duties of Government which is to protect 
all public property and public rights. " The king of England in 



336 


Further, it is not of much use to undertake this work before 
completion of settlement. The work of tabulation will require 
some time and I think Government might direct the Settlement 
Department to continue the work originally entrusted to them of 
ascertaining the income of Devaswom ptoperlies. Under these 
circumstances! and since the Sirkar as trustee or Melkoima is 
ansuerable for the well-being of all the institutions in their charge 
I think It not altogether wrong in principle to lay down that in 
fixing the padivus, it is enough if the total expenditure on account 
of all institutions is so arranged as not to exceed their revenue 

19. I have given the subject of the revision of scales my 
most anxious consideration with a view to give full effect con- 
sistently with these general principles to the instructions conveyed 
to me by the Dewan. He has laid down most definitely that no 
ideal padivu will be tolerated for any institution. He has also 
distinctly laid down that the scale framed should be based on a 
comparison of the past and present actual needs of the institutions, 
its financial position, the mutual proportion of the serverai items 
in the padivu, the relative cost as determinable by the past and 
present mutual prices, and the income and the expenditure of all 
such institutions as a whole. 1 shall give below the conclusions I 
have arrived at. 

20. The Nivedyoms cannot be reduced in qnantity. The 
belief is, that the virtue of a pagoda is proportionate to the 
quantity of Nivedyom offering and that among the varieties of 
food offered as Nivedyom for the higher grades of gods, those in 
which milk, sugar, and ghee perponderate should be maintained 
according to the standard. The price of milk and ghee has risen 
very considerably and the padivu prices are extremely low. The 
padivu generally valued milk at twice the quantity of paddy. 
A l^ara of milk according to the padivu is generally valued at 2 



337 


paras of paddy. This is a fair price. Say a para of paddy is 
worth 5 fs., a para of milk could be paid for at the rate of 
10 fs., though it is doubtful if the article could be procured in all 
places throughout the country at this price* But the price now 
allowed for 1 para of milk is in some cases 8 chs. and in others 
much less. 

21. According to padivu* 36 paras of milkare required for 
Palpayasom daily at Ambalapuzha. I wonder if it is possible to 
procure this supply daily. About 100 country cows would be 
necessary to yield this quantity. We have no statistics for ascer- 
taining whether the 7 or 8 muries or karas which supply this 
quantity contain so many milking cows. On enquiry, I learnt 
that Nair women of poor means made it their vocation to 
engage a few cows on hire from adjacent taluks and supply 
their milk to the pagoda. I also learnt that during a great 
part of the year, the supply of milk was not equal to the 
standard quantity, and that the deficiency was made up by draw- 
ing larger supplies towards the end of the year. It is very 
doubutful if the total quantity received in the year is ever equal 
to the standard total at 36 paras per diem. The daily quantity 
of rice fixed for this payasom is 3 paras edangazhies. But for 
several years past, only H paras of rice are reported to be utilized 
for payasom and the remaining 2i paras are cooked as rice and 
offered as Nivedyom. Ordinarily^ milk equal to ^ or 6 times the 
quantity of ice is prescribed for payasom. If so, 9 paras of milk 
■would be required for Xi paras of rice. The price would be some- 
where about 90 fs. It might be satisfactory if it was understood 
that only 9 paras of pure milk were required to be credited. But 
the fiction of 36 paras is maintained with the result that the milk- 
maid is allowed free choice in deciding the proportion in which 
she may add milk to the water or water to milk, subject to the 
ruling of the milk-measurer about the quantity for which she may 
be paid at the fixed rate of 4i fs. per para. It is a very interesting 



338 


spectacle to watch how the water which passes for milk is measured 
and booked. Sometimes, two or three measures go to make 
one measure in the accounts. It is believed that the measurer 
can intuitiv^>ly scent the actual proportion of water m the mixture 
and that his opinion is conclusive Let us believe in the unerring 
quality of this milk measurer’s instinct. But nevertheless, I think 
we require a better criterion for adjudging the value of the article 
we get for our money. The path for reaching this goal would be 
rendered easy only if we insist upon the fairly good article being 
supplied. In such a case, a fair pnee would have to be paid 
I think that there is no reason in maintaining such a broad gulf 
as exists now between the actual market price and the standard 
price or in maintaining fictitious entries of the quantity of mi'k 
and water which is purchased The books should therefore only 
show the quantity actually supplied and nothing more, 

22 In almost all places I visited in connection with my 
special duly I found that the price of milk was never lesS than 
\l chs. for Mudra Nazhi, »• e., 1 cb for Agrasala This rale 
should be adopted generally for important temples and the 
quantity available for the sanctioned amount of money should 
alone be purchased 

23 The question of palpayasom give me no little 
trouble In the opinion of Chirayinkil Tahsildar, the quantity cf 
milk lor palpayasom should be fixed with reference to padivu 
value He was of opinion that no more than the quantity of 
milk that could be had for the padivu amount should be purchased. 
In his view, the ruling consideration ought to be that no extra 
expenditure beyond the padivu value should be incurred for 
milk. I do not think that this is a correct attitude to take in the 
matter. At any rate, it is inconsistent with his further view that 
though, when the quantity of milk is reduced* only a portion of 
the standard quantity of nee fixed for the payasora would be 



339 


required for it, the rest of the rice should be cooked as rice and 
offered as Nivedyom. Anyhow, the Ambalapuzha practice 
supports the gentleman’s view. I have already observed that the 
Nivedyom of payasnm is , according to the accepted nations, an 
essential act conducing to the spirituality of the pogoda. I 
would therefore suggest that in the case of all temples of the first 
class, the whole quantity of milk required as for padivu should be 
purchased as its actual cost which may be fired at 10 fs. a para. 
In regard to temples of the 2nd and 3rd classes, the allotment for 
milk may be fixed converting its padivu value in kind into money 
at the rate of 11 cbs* per para. This would give 22 chs. as the 
amount available for the purchase of 1 para of milk. This is a 
little more than half the actual price of milk. If, however, the 
whole price cannot be paid, the next best thing would be» 
to purchase the quantity that can be had for the amount avil- 
able at the above said rate. The palpayasom cannot materially 
deteriorate by the addition of water in some quantity. In the 
case of 2nd and 3rd class temples the quantity of water to be 
added will be equal to the quantity of milk used. Temples of less 
importance must get on with the milk available for the prex’ailing 
padivu amount. In this connection I have to make a few obser- 
vations about the Ambalapuzha palpayasom. This Nivedyom has 
earned a fame which has spread beyond the borders of our coun- 
try* At one time it was the practice to carry this payasom from 
Ambalapuzha to Quilon and other places in Chundan vallams or 
snake boats for the use of members of the royal family on tour. 
The reputation of this payasom is, however, gradually declining, 
I would therefore propose to cook the whole of the payasom accord- 
ing to padivu. This pagoda gets many heads of cattle yearly as 
offerings. If they are properly taken care of, I am of opinion 
that you could rely upon the temple cows themselves for a 
substantial supply of milk daily. There is a very liberal supply 
of grass or straw, the annual allotment for this head in the padivu 



840 


being 1,548 patas and H edangazhies of paddy. The standard 
quantity of straw to be supplied is 150 bundles per dpm or 
54,700 bundles in the year At the commutation rate of 2| fs 
per para, the allotment is equal to Rs 600 a year in round 
numbers There are a few servants besides But there used to 
be no cows at all in the stall. Recentlj, the authorities showed 
sign of some stir and in Audy last, when 1 was there, I was shown 
a register of cattle opened a few months previously I was given 
to understand that a good milch cow whose milk was being used 
for Abhishekom for a few days in the temple was missing There 
are cattle lifters m Amb'ilaouzha and it is reported that Krishna- 
swamy’s cows afford milk to many milk maids who sell the same 
to the temple I think the cattle offered to this and other temp’es 
may be utilized to start a cattle farm which may be located at a 
station where there is plenty of pasture It strikes me that 
Changanachery is a proper place for beginning an exoeriment of 
this 8«t« The proceeds of the dairy may be utilized fof the 
expenditure in milk in the pagoda. I was also informed at 
Ambalapuzha that if the people were confident that cows offered 
to the pagoda would be taken due care of, the number of offerings 
would increase The experiment is worth a trial I may also 
suggest that a few of the seed bulls proposed by Government to 
be supplied to each Division may be allocated to this farm 

24 The quantity of mi’k for daily Abhishekom in the 
second and third class temples may be fixed at the quantity avail- 
able for the paddy allotment commuted at 11 chs per para and 
in respect of temples of minor importance the old padivu rate 
may be continued The milk for daily Abhishekom and other 
articles for Nityanidanom should be supplied m full as per padivu. 

25 The second general concusion I have formed is, that 
the periodical services like Masaviseshom &c are of secondary 
importance In foreign temples like Courtallum &c, the oractice 



341 


appears to be to take padivu provisions as the standard for daily 
services whereas, for the periodical services like those for 
Sivaratri &c., the practice is to adopt the standard money 
valuation and to keep the expenditure within that limit. I think 
this principle is fair and I have adopted it. I may also add that 
1 put this view forwad to many independent private gentlemen 
during my touri and they approved of it, 

26. The number of Namaskaroms originally fixed ought 
not to be reduced except in those cases where you cannot 
command the necessary number of guests. These Namaskaroms 
are supposed to add to the sanctity of the pagoda^ I have referred 
to this aspect of the matter in the report about purificatory rites. 
I must, however, notice that the quantity of rice allowed per 
head in the padivu for a Namaskarom meal is more than is 
actually necessary. The padivu rale is 3 nazbies of rice per bead j 
It was observed to me by some old men that the generation 
which required this rate has passed away. Others told me that 
the old pagoda measure was much smaller than the present 
settlement or Agrasala measure and that the ration was fixed 
in terms of the smaller measure which was in use in those olden 
days. The Valia Chalay temple at Trivandrum is supposed to 
feed 9 Brahmins with Namaskarom food. The padivu quantity 
of rice for Namnslsarom in this pagopa is 21 nazbies. PormerJy 
nee was measured out according to chandra para* But since 
lOol or so, the settlement measure has taken the place of the 
measure. The former has a larger capacity than the latter, the 
difference being 3 nazhies to a para. Thus, the present con- 
tribution for Namaskarom in the pagoda is equal to 27 Agrasala 
nazhies. This is sufficient ordinarily to feed 14 men. But only 
9 are supposed to be fed on this. The balance is clearly 
misappropriated. I think it safe and proper to fit 2 nazhies as a 
sufficient quantity for a person. A reduction in the' quantity of 



342 


rice for Namaskaroms as proposed by me is not unjustifiable. 
I have calculated the cost of provisions for Namaskarams at the 
rate of 8 cash per head per meal. I found on valuing all the 
koppus prescribed for Namaskarom in Suchindram, at the present 
day prices, that the total is m excess of the figure according to 
my rate by nearly 150 fs- in a year. The number of daily 
Namaskaroms m this pagoda is 31. The reduction per head 
in a year is therefore less than 5 fs. But this reduction is of no 
consequance, as the padivu menu for Namaskarom in this pagoda 
is very luxurious 

?7. The expenditure on tamash may be reduced to some 
extent. I doubt the advisability of making substantial reductions 
on this head) as this item in the Utsavam programme appeals 
to the emotions and religious sentiments of the illiterate masses, 
^ore than the religious ceremonies themselves. But I think a 
reduction on some general principle is desirable. In every big 
temple there is an item called Yalhra»ayappu under which 
head large quantities of paddy and large sums of money are 
expended on musicians, dramatists, acrobats &c. The allowance 
for Ambalapuzha on this and fireworks amounts, to 760 paras 
of rice and Rs 600. There is a wide-spread suspicion that the 
whole of it is not spent on the objects for which it was intended- 
I propose that the allotment in rice and money under this 
head may be generally reduced a bit. The rice allotted in the 
padivu for this head may be converted into money at the 
commutation rate for paddy and this sum together with the 
whole of the padivu money allotment may be fixed at as the 
maximum amount to be atilized for Yathra-ayappu &c. The 
allowance paid in rice under this head to musicians and other 
servants of the Deraswom concerne sholud be valued at 33 fs. 
per para of paddy, the quantity of paddy required for a para 
of rice including pounding charges being taken to be 2 paras 2 



343 


^dangazhies I am of opinion that it is not desirable to make 
any departure from the padiva scale of allowances to the servants 
of the Devaswom concerned^ as their pay is genearlly small. 

28. The payment of wages in kind may be converted 
into money as far as possible at the rate of 14 chs. pet para of 
paddy has been selling for the past few years at the rate and 
5 fs. per mudra para even at harvest times. It has never fallen 
below 18 chs. during the past few years. Taking 18 chs. as 
the basis, the price of 1 Agrasala para may be fixed at 14 chs. 

29. The pagoda establishment is generally composed of 
a low-paid staff. It is impossible to raise the pay of all these 
men. Some of these are persons appointed by the representatives 
of the former trustees of the institution in question* There is a 
Koima at Vaikom who is appointed by the Vanjipuzha Chief, 
The Melsanthi and Kizhsamhi at Ambalapuzha are persons i 
appointed by Thekkedachu Bbattatbiri. There are officers in 
Devaswoms known as Sthanakanakoos appointed by the former 
Ooranmakars and paid by the Sirkat. The persons appointed 
by these ex-trustees are generally not persons possessing any 
qualification* It is not necessary to raise the pay of these people. 
It is, however, necessary to readjust the number of hands among 
the superior grade of temple officers, viz*, Sreekariam, Chandrom 
and Filial, and also among the subordmafe ranks inclading only 
Kalavara and Kaval as the present number of these servants 
appears in some cases to be unnecessarily large* Such a step is 
further necessary in order to find funds for increasing the pay of 
the staff which is inadequate* In some large institutions there 
appear to be a supernumerary staff of sweepers and petty servants. 
1 was informed by Mr. Krishna Aiyengar who experience in these 
matters is unrivalled, that it would be an ill-advised measure to 
reduce their numbers, as they would all be found necessary during 
important ceremonial occasions, when, it will not be possible to 



344 


engage extra hands, except at great cost I also propose to do 
away with Kidupidv and Dammanom as they have gone entirely 
out of fashion But I do not propose interfering with the 
Dammanom where it is earned on the back of bulls or such other 
animals 

30 In the case of minor temples whose expenditure does 
not exceed Rs 200 a vear according to the old vilatharam rate, 
I think It is undesirable to add to the cost by retaining an 
establishment consisting of a Chandrakaran, Pillay, &c on such 
small pay as 7 chs* and so forth Efficiency cannot be secured 
by retaining such low-paid servents* A measure providing for 
increased emoluments in the case of these servants would 
swell the expenditure Say, we employed 2 servants and paid 
them at the rate of Rs. 6 and 4 each, the cost of this establis 
ment for all these alone would amount to Rs 1,320 per month 
or R« 16,840 a year It should be pointed out that before the 
assumption of these Devaswoms, the cost of their supervision was 
probably nil, as the founders or villagers attended to it without 
any remuneration There is not much scope for waste or 
misappropriation in these Devaswoms The Nivedyoms 
and &c., are distributed as allowances among the ser- 
vants of the pagoda These servants themselves have there 
fore an abiding interest m seeing that the standard is practi 
cally followed out I propose that these institutions be handed 
over to a Village Board for management. It is not necessary to 
appoint any clerk to help the Board They should be able to 
get the work done gratuitously, as it is not likely to be very 
great I am not entirely hopless about the practicability of the 
proposed scheme I may allude here to an appeal presented to 
me by the Raja of Farur promising to take charge of 4 
Devaswoms inAlengad taluk (wefe Ex Y ) If the appointment 
of a Board is impracticable, these small instituions may by 
classed with the unincorporated Devaswoms and handed over 



v345 


to , Proverthikaren for management ; or they may be grouped 
under other important Devaswoms which posses an adequate 
establishment. 

31. I am further of opinion that the allotment for sadya 
may be cut down slightly. My information is that in almost all 
institutions with a big padivu for sadya, the whole of the rice 
though consumed is not necessarily cooked and distributed. In 
many places that I visited, it was reported to me that a part 
of the rice was sold and the proceeds applied for other purposes. 
^Tbere is besides a good deal of waste m the distribution of rice.- 
It is a matter of great notoriety that the Warner who holds a 
hereditary office in the Vaikom pagoda makes a very large 
profit annualy by the sale of the table refuse. The profit is 
estimated to be not less than Rs 500 a year, though some have 
assured ^rae that it would be four times that amount. When the 
late Mr. Rama Row, c. i. e , was Peishkar of the Division, he was 
approached with a request to pot ud to auction the right of 
collecting and disposing of the plantain leaves after dinner ; but 
he replied that it was too mean to descend to selling such refuse 
I mention this only to show that the report I have referred to is 
not altogether unfounded. Ordinarily, the profuseness which marks 
the way in which guests are served at meals itself is a source of 
waste. In illustration of this I may refer to the huge waste of 
plantain fruits, which has been going on at Ambalapuzha during 
the Utsavam festival. On the 9th day, a grand feast is given to 
.Marars. The practice on this occasion is, to hang a very large 
number 'of plantain fruit bunches in or about tne large dining hall. 
,Tbe diners rush into the hall and pull the bunches and generally 
make themselvesjmerry, not by eating the iruits which it would 
be quite legitimate to do, but by trampling on them and crushing 
them under their feet. Three lakhs of plantain fruits costing 
Rs. l,iOQ are tnus thrown away to be converted into slush which 
even swine, would refuse to sniff at. 



346 


32. At Ambalapuzba, I learnt from enquiry that a general 
feeding of all Brahmins and Ambalavasies .would not ordinarily 
require more than 30 paras of rice. But several hundreds of 
paras of rice are cooked and distributed during the Utsavam. 
As there is little time to get through the cooking, the practice is 
to heap one layer of well-boiled rice in a warm state on a mat, 
and to cover it with a layer of unboiled rice and place over it 
again another layer of half boiled rice, and so on with a layer 
of full-boiled rice at the top. This rice is distributed pell mell 
in baskets. Influential men used to supply themselves with a 
sufficient quantity of this rice to pay off the wages of ttieit 
washermen and barbers* It would appear that this rice 'Which is 
more like raw grain than boiled rice is cured in the sun and 
preserved for use like ordinary grain. This was the practice to 
my personal knowledge some 35 years ago. Even now I believe 
the process of cooking has not undergone any material change 
though possibly in the distribution there is less misappropriation. 

33. I think it is high time that all such waste is rigorously 
stopped. I think therefore that generally rice equal to three- 
fourth of the padivu quantity would be found sufficient for all 
Sadyas. At Ambalapuzha I learnt from the Tahsildar and his 
Deputy that 1,600 paras would answer both for Sadyaand 
Swayampakom though the padivu in ’this temple for these two 
heads is 3,250 paras. I have therefore proposed only 1.500 
paras for this Devaswom. For Sadyas I would fix the cost of 
all provisions but rice in money. A rate of Rs. 34 including the' 
cook’s charges of 4 a Rupee would be quite sufficient for a para 
of rice, in the case of all those pagodas which receive Vilavasi. 
This rate is slightly higher than the rate yielded by the present 
cost of Sadyaat Ambalapuzha and Vaikom. Probably in those 
places, the .quantity of rice returned as cooked is not correct. 
In case of pagodas which are not allowed Vilavasi, I propose to 



S47 


allot for Sadya jast what is available out of the padlvu allotment 
for those pagodas. 

34« Pakarcha distribution should be reduced, as it is a 
•source of waste and misappropriation. I would suggest that 
Pakarcha from temples on Sadya occasions be totally dispensed 
with except in the case of the old trustees &c. to whom it may be 
continued as a mark of courtesy. 

35. The consumption of oil for torches &c. is an item 
which requires strict scrutiny. In the temples of Haripad, Ambala- 
puzha, Vaikom, Ettamanoor, &c., the item of oil consumption for 
Utsavam is a very substantial one. Last year the Dewan refused 
sanction the purchase of the standard quantity of oil prescribed 
for Haripad Utsavam. That quantity is 300 paras. The Dewan 
allowed 250 paras alone to be purchased. When I visited 
Haripad the local people pestered me with the complaint that the 
Dewan’s action was extremely unfair m consideration of the 
importance of the temple. I had reasons to know that the oil 
expenditure in this pagoda during Utsavams was for a series of 
years being watched with care, and that the account entries were 
more or less reliable. I personally examined the original registers 
kept for oil consumption and I found that the average oil consump- 
tion for the Utsavam stood between 270 and 280 paras. 

36. The high rate of oil consumption is due generally^ to 
long and weary processions. They are brought to a close only 
with the rising of the sun. An item called “ seva " is responsible 
for the delay in processions. The duration of the seva appears 
to have .grown and developed to an inordinate length. The 
officers in charge of the Utsavams are responsible for this. The 
evil is not of recent origin. In Haripad, 1 am told this item began 
to swell from the days of a Tahsildar called Rcnga Row. When 

Rama Row, c. l. E., was Peishkar of Quilon, he used t o take 



348 


a personal interest in the Ut^avams of our imoortant pagodas 
The persons who take interest in the seva are not the ordinary 
masses, but the upper ten who have got a refined ear for music. 
Generally from the 5th day of an Utsavam, the lighting and 
spectacular displa> go on increasing till they reach the climax on 
the 9th or 10th day* The rage for seva and torch light proces* 
sions IS so strong with those responsible for the conduct of the' 
Utsavams that it is allowed to interfere with regularity of the 
services to the Deity, The Pallivetta, 1 am given to understand, 
should be closed before midnight On a certain occasion, this 
procession began at Hanpad towaras day break 

37 In these circumstances, 1 think the Dewan erred on 
the side of extravagance m allowing 250 paras for the Hanpad 
Utsavam last year I do not think that more than 200 paras 
should be allowed I am sure that by proper economical manage- 
ment the processions and lighting can be conducted successfully 
with the proposed quantuv One Hundred torches or Deevatties 
and more are lighted on these occasions with the result that the 
road is saturated with oil This is a huge waste In the temples 
of South Travancore, Punnakka oil is used for torch light proces 
sions outside the precincts of the pagoda. But in the remaining 
temples of the country, this Oil is rigorously tabooed It w ould 
be cheaper to use kerosine oil for processions The Thanthnes 
would never oermit it But 1 do not think there is any objection 
to uSing kerosine oil outside the temple premises I was told by 
a Nair gentleman of pasition in tde north, that the dry fruits of 
the Odalom, soaked m kerosine oil, when lighted, burn more 
brilliantily than cocoanut oil torches and that the cost is compar- 
atively very much less It might be found practicable to introduce 
this mode of lighting n coarse of time 

38. I think that the standard of oil supply for Vaikom 
alone need be fixed at the highest figure The average'quantiiy 



349 


returned as consumed during the Ashtami Utsavam at Vaikom 
appears to be about 642 paras or sothanas. 1 have reasons to 
knoiv that a oart of the oil booked as spent on the Utsavam is 
really kept in store to meet the demand for Nityanidanom, &c, 
There is a large supply of old oil kept in the pagoda for which 
there is no account. As hitherto, oil for this pagoda was supplied 
from Kettulhengu collections, the actual expenditure has not been 
properly booked, the practice being to enter the whole supply as 
spent. This practice is an old time*honoured one. Under these 
circumstances, I think 300 paras of oil may be considered sufficient 
for this Utsavam at Vaikom. But the general maximum for an 
Utsavam in other pagodas should, I think, not exceed 200 paras. 

39- I propose to fir the daily supply of oil for lighting in 
pagodas with reference to the number of lamps maintained in the 
pagodas and the length of time for which they should be lighted 
to meet the requirements of the Pooja service &c. I find that 
in almost all temples of any consequence : there is provision for 
maintaining at least one light during day. and night. This is 
called “ Vadavilakku,” e., “the never-dying light.*' It need 
not surprise us if in most temples this Vadavilakku has 
disappeared now. If the oil used is cocoanut oil, it will require 
4 edangazhies per month to maintain a lamp with one cotton 
wick. If it is gingelly cil, the quantity will be 5 edangazhies. 

T propose following this rate for Vadavilakku, About thudams' 
of cocoanut oil will do for a lamp with I wick for 24 hours. 
A few lamps in all oar temples are lighted in the evening and 
kept burning till the pagoda' is closed. They are called 
“ Kalavilakkus.^ There are other lights which are put up 
immediately before Deeparadhana. These are called “ Samaya- 
vilakkus.” I shall fix the supply of oil for the pagodas in 
consideration of their requirements for Samayavilakku, Kala- 
vilakku and Vadavilakku. 



350 


40. The quantity of ghee for cakes may be fixed at 
1 nazhi for an edangazhy of rice- The proportion of jaggery or 
sugar for payasom may also be fixed at a uniforn rate. (Vtde 
Ex. A A). These proposals apply to all temples except those 
of the first class, in respect of which I have followed the padivu 
itself. I have followed the padiva in regard to one pagoda of 
the second class, rw*, Thiruvarpu, because it is a very important 
pagoda. 

41. The supplies which have been affected by the rise in 
market prices consist cniefiy of cocoanuts, cocoanut oil, ghee and 
milk. The recent abolition of Kettuthengu oil in the northern 
taluks may be expected to considerably accentuate the pressure on 
the financial equilibruim. According to the Survey Memorandum 
10,296 sathanas or paras of oil were leviable in kind in 6 taluks 
The oil supply of many of the important temples in the north 
was met from this source. The whole of this assessment has 
now been converted into money at the rate of, I think, Rs. 2 per 
para of oil. The padivu price of oil is 3 cbs. per edangazhy* 
It is now nearly 16 chs* The price of ghee has also risen very 
considerably. The present price ranges generally between 2 and 
21 fs. per edangazhy. In most of our Devaswoms, cocoanut oil 
has taken the place of ghee. And in a few temples, a mixture of 
ghee, in which cocoanut oil preponderates, passes for ghee. The 
mixture is valued at 5 fs, per edangazey ; whereas the price of 
1 edangazhy of the genuine article is between 12 and 14 fs. The 
price of cocoanuts is much higher now than before. I propose 
that the padivu supplies for Nityanidanam in all first class 
temples should be maintained. 1 have, however, prescribed a 
uniform standard of ghee for Upastharanom in all these temples 
(Ex. A A 1, and in the other grades of temples, I have tried to 
follow the padivu scale for the Nityanidanom supplies as closely 
as possible within .the amount of savings effected by 
retrenchments. 



351 


^2. It also appears to me that the quantity of betel and 
Tjui allowed for Nivedyom in all but first class pagodas may be 
modified subject to a minimum of 5 leaves and I nut. The 
Ex'Ooranmakars of certain temples are allowed a certain 
number of betel leaves during Utsavams. The practice in some 
pagodas is to pay them the padivu valued though the Sirkar is 
probably charged with the actual cost. In Vaikom the cost under 
this head comes to Rs 300 though the padivu value is Rs- 36. 
There are various other items of this sort which may be cut 
down. I think that these items should not be valued in excess 
of the padivu price. 

43. In almost all pagodas, the provision for firewood is 
ml or very scanty. 

44 Formerly the temple compounds themselves yielded 
sufficient fuel for daily use, and so we find no uniformity in the 
padivu In respect of this item. In a few temples an allowance is 
made for the charges of cutting fuel, and in a few others the duty 
of supplying the same is imposed on some hereditary servant of 
the pagoda. A few of hereditary servants given properties on 
Karanma tenure. Most of these tenure-holders bare now 
preferred to pay vilayartbam and convert the tenure into a 
permanent patiom bolding. The Government are thus not in a 
position to enforce the performance of the obligation to supply 
firewood, The price of fuel is now many times higher than it 
was in olden times. Lately Government has been compelled to, 
sanction the cost of fuel for many temples. I think that all 
temples generally should be allowed a rate of half a fanam per 
bundle of firewood which may be taken as the standard quantity 
for 2 paras of rice that has to be cooked. I have proposed this 
rate as it was recently adopted in the case of Vadiveeswaram 
Devaswom. 



352 


45. There are certain gratuitous distributions of paddy 
called Ona alavu and Kudivellom. In the temple of Aranmula, 
for instance, several hundreds of paras of paddy are distributed 
in doles, on the Thiru Onam day. Last year, the whole of the 
paddy was purchased at a very high price, as the Government 
had no paddy m store, and no contractor had been engaged in 
time. Kudivellom is an item which occurs in Agastiswaram. 
Every Brahmin householder in Suchindram gets a quantity of 
paddy every day during the Utsavam from the paddy stores. 
This is supposed to be a compensation paid to him in return for 
transferring to the donor the merit of serving drinking water to 
any thirsty man that may ask for it during the Utsavam days. 
The practice at Snchindram at one time was to distribute these 
rice doles among distant villagers also such as those of Maha- 
danapuram All such doles may be curtailed to the limit of the 
quantity of the paddy available for the commutation value of 
the full quantity of paddy corresponding to the rice fixed by 
padivu. 

46. There are some temples which receive a few articles 
of the padivu supplies for Nityanidanom from private individuals 
or persons connected with the temple establishment. The rice 
and jaggery for Nivedyom in the Thirunakkara temple are 
supplied in this way. The milk required for palpaysom in 
Vaikom is supplied by the Moothatboos of the establishment. 
These Moothatboos supply the kitchen vessels for the temple. 
They claim to be entitled to -all heads of cattle offered to the 

I pagoda as compensation for their duty to supply milk. Sometime 
.ago their. claim to the bulls brought to the temple , as offerings 
was denied by the taluk authorities and they declined to supply 
milk. They desired to be relieved of their liability to supply 
milk and agreed to forego their claims for the cattle presented to 
the pagoda. I think their grievance may be redressed by taking 



353 


them their word and ip'propriating all heads of cattle^ offered 
to the temple for the use of the pagoda itSelf. The Th.runakkara 
Moothathoos on whom lies the duty 6f supplying r.ce and jaggary. 
complained of their inabihty to bear the liabduy any longer 
They say the annual cost of these suophes is 77 d paras 6J- 
edangazhies of paddy and 273i fa. whereas, the Th.ruppuvarom 
realised by them amounts to 387 parak They have also alleged 
that mire I's due as Thiruppuvaram and that they are not awam 
of the partteulars telatihg thereto as the properties are situated m 
Changanaehery taluk. 1 wrote to thh Peishkar on the subject 
and requested him to favour me with his views regarding the 

complaint of th'e Moothathoos who desire to be relieved of the 
burden. .1 have not hecei /ed any reply On the subject from the 
Peishkar" Probably the subject is jnder enquiry. I think that 
if the Moothathoos should consent to relinquish their claims to 
collect the Thituppuvatam, the Sirkar should accept the proposal 
and credit Thiruppuvaram to Devaswom. The Moothathoo of 
the Haripad temple is irequired to supply daily J edangazhy of 
paddy fdr Malar Nivedy'dm in the pagoda. His family enjoys 
3 piras 7 edangazhieS of paddy land and a garden known as 
Poothigil Purayidorh. 


47. In i few temples it waS the practice for private 
individual’s to bear the festival charges on certain days of the 
Utsavam. If thh Ez-Ooranmikh'rb'and others whb are entitled 
to perquisites fro.* 'pagodas, omit to carry out these festivals, the 
Devaswom authcfritles cirry them out and recover the cost from 

the above aid pet4uisities. It the defaulter had no peroismes, 
the Devaswom itself iheets iho^e charges 

48. 1 ha* appended a listtef the pagOdak mentioned in 

the last two paras with particulars of supplies. {Viil Exhibit P) 
In my view It is desirable'thal ahenationk of 'p'roperty made in 



354 


consideration of supplies to be furnished should not be interfered* 
with. In Ettumanoor a certain tenant was found to supply 14 
edangazhies of ghee for Abhishekom, on every Chathurdasi, 
during the dark half of every month. The tenant held a cherikkal 
as remunention- In the settlement, this property appears 
to have been registered as pandarapattom. I am of opinion that 
such treatment of Devaswom properties is highly prejudicial to 
the institutions concerned and should be discontinued In this 
connection! I have to make a few observations regarding proper- 
ties granted for occupation merely or as Karanma for services. I 
circulated a form in Thulam last for collecting information about 
these properties and requested the Dewan Peishkars to favour 
me with their views relating to the treatment of these properties. 
The time being probably limited the parties addressed were 
unable to comply with my request These Karanma properties, 
1 am informed, have been treated like Viruthi tenures and 
in a few cases have been converted into pattern to the 
prejudice of the Devaawoms concerned. I am not aware if the 
information is correct. If correct, I am of opinion that the 
course adopted is unauthorised, as the Settlement Proclamation 
does not expressly refer to the subject. It is highly desirable that 
the alleged policy of the Settlement Department with reference 
to these properties should be reversed at once. A list of Karanma 
properties with particulars of the holders and the nature of the 
services appended to the tenure should be leisurely prepared. 
I may also refer in this connection to instances of unauthorised 
alienations of properties granted by Devaswams for occupation 
or enjoyment. In a few Devaswoms I fined there are gardens 
let to Santhikars or other officers for their residence. These 
people have in a few instances encumbered the properties. 
Their authority to do so is questionable. At Vaikom I heard 
that the Moothathoos had encumbered their Karanma properties 
to the extent of four or five thousand Rupees. At Mookathala 



3S5 


the pagoda Warner sold his Karanma property in 1060, and I 
learn that it has been registered in the vendee’s name by the 
Settlement Department in case No. 3,124 of Tfairukkovil Vattani 
pagudi. In case No. 2,322 of the same pagudi, patta wasjordered 
to be granted to the Kanamdar of Pangat Potti for a garden 
said to belong to the Devaswom. Many Nandavanoms or flower- 
gardens have been planted with cocoanuts by the former tenants- 
at-will and probably the gardens have been registered in their 
names- I have received official information only of a very few 
number of such gardens but I am inclined to believe that^the 
actual number of these gardens should have been more consider- 
able than has been reported. I think it very necessary to prepare 
a correct list of Nandavanoms and place them under the charge 
of the authority controlling the Trivandrum Public Gardens. Mr. 
Rasu Iyer of the Public Gardens who appeared to me to be very 
keen about horticulture, expressed to me that with the application 
of trained technical knowledge the Nandavanoms may be con- 
verted into gardens corresponding to the experimental agricultural 
stations of America which are intended for the advancement 
of horticulture, agriculture and arboriculture. A traveller from 
the eastern coast who visits our pagodas cannot but fail to be 
struck with the poverty of the flower supplies. I know personally 
that the supply of flowers in a few pagodas is considerably less 
now than before. The proposed scheme will there-fore meet a 
desideratum. Just as I was revising this paper before sending it 
to the press I received on the 15thMedom last the return called 
for regarding Karanma properties from the Quilon Division. 
1 looked over this and found that in many cases the entries were 
imperfect as they do not contain information of the extent of 
properties demised for services, I have not yet received the 
returns from the other Divisions. 

49. The scales for Nityanidanom for first class temples 
alone should be treated as fixing the quantity of provisions. At 



356 


present only the pagoda of Suchindram is treated in this way 
with reference to the padivu for the daily ceremonies. In all 
other temples, the expenditure in respect of daily and periodical 
services, except the Utsavam, is regulated generally by the 
nadivu value, though in a few cases, it is supplemented by the 
stoDpages in pay and other heads and also by enhance'd grants, 
in a few instances made, subsequent to th'e date of Mr. Munro's 
padivu. 

50 In the case of second class temples, I would propose 
that the scale of all the services including Nityanidanom be fixed 
in money subject to revision in every 7 years In the case of 
third class Devaswoms, the same arrangement with a maximum 
period of currency for 14 years may be adopted. In the case of 
fourth class temples, the allowance may be taken to be permanent 
for 30 years. These proposals do not affect the scale of nee 
for pooja which should be maintained without any modification. 

51, The NiVak prices returned by the taluk authorities 
are, as alrea'dy observed, entirely unreliable* The prices fixed 
irt my scales ^re based on the data of these Niraks as modified 
by information gathered from personal enquiries made by me 
I have appended a list of the prices charged by me (Exhibit Z-l 
It is aesirable to test the correctness of the valutions by the 
experience of a year or two before making them final. The 
padivu of 987 appears to'have been adopted finally in 994 after 
a fairly long trial. 

52. The padivus Wr th'e incorporated DeVoswoms 
alonfe r^qtiire to be revised on these Hne§. Tffe prevailing 
padivfis fof the unfncd’pbVated Devaswoms may be followed 
without any change. The services in these pagodas are carried 
on with the -padivu allotment in mofiey and kind. It is not 
desirable to suggest any enhancement of the contributions 



357 


made lo these institutions as in many cases they have no 
properties of their own. The allotment for the private Devaswoms 
among the unincorporated pagodas may be fixed wholly in 
money by commuting the paddy allowance at M chs. a para, 

63. In connection with these unincorporated Devaswoms*, 
1 am inclined to believe that allotments are drawn in respect of 
some which do not exist at the present day, A suspicion to this 
effect crossed my mind when I was conversing on the subject 
with a gentleman whom I met in my tour. I at once issued a 
circular letter to Tahsildars to report after personal inspection or 
upon some other thoroughly reliable information, whether the 
padivu allotment for any Devaswom in his district may not be 
struck out, owing to its non*existence. The reports I received 
were all disappointing with the exception of one from Mr, Sesha 
Aiyengar of Nedumangad and another from Mr. Aundi Pillai. 
The deputy Tafasildar, Kuzhithura, mentioned to me In 
conversatioHf in Kannl last* that there were to his personal 
knowledge instances in his Taluk of allotments being drawn 
in respect of Devaswoms which did not exist now* But the 
official report I received from Kuzhithura does not allude to 
such instances at all. I wrote on the subject a number of times 
to the Tahsildar, but I was not able to get any information from 
him* It is desirable that an actual inspection by responsible 
officers of all the unincorporated Devaswoms be made so that 
the allotments may be stopped in respect of those which do not 
require any under the present circumstances. I have already 
mentioned that according lo Mr. Chempakaraman Pillay’s report, 
the allotment for 80 pagodas has lapsed and that 6 more which 
have to be added to the list were not noticed by him. Mr. 
Sesha Aiyengar has repotted that in 54 pagodas in Nedumangad 
the daily poojas are not performed, and he recommends that 
the padivu for 13 of them may be stopped. He has 



358 


however excluded one from their proposal on the ground that 
the people at the station protested against such a step. The 
name of the pagoda is Kunnukkal Sasthan Kovil. It would 
appear from the Tahsildar's report that these 14 pagodas are 
situate in the midst of a jungle, and that m respect of a few of 
them the padivu allotment has not been drawn for years 
past. Mr. Aundi Pillai has not made any proposals far closing 
any Devaswom. But he has mentioned a pagoda where the 
idol is missing. I am not aware that there is any merit in 
offering poojas in a temple bereft of the presiding image. The 
old practice appears to be to stop the allotments for such 
pagodas. 


54. I shall now refer to some of the minor items 
mentioned in the Dewan’s memo of the points for investigation 
and report. They are Nos. 2 to 13, 16, 17, and 18 in the memo- 
I shall deal with them sertatum. 

55. The budget for all Devaswoms, Oottus &c, in the 
District should be prepared in the taluk office and submitted 
through the central office to the Huzur in time to be incorporated 
with the general budget I have collected information about the 
number and particulars of temples and temple buildings which 
are in a state of disrepair. The cost of putting all these buildings 
■which number more than 2,256 according to the returns furnished 
to me is estimated at Rs. 21,33*771 {Vide Ex, A. B). 

56. It is highly desirable to lay down a definite 
programme of action in respect of repairs to damaged temples. 
There are 404 temples whose Sreekovil calls for elaborate reoairs. 
The estimated cost of such repairs is Rs. 4,33,882. In many 
others, the Nalambalam and kitchen and other appurtenant 
buildings are in a very sad state. The estimated cost of reoairs 
to such buildings is Rs. 6,04,142. The compound walls in a few 



359 , 


■cases present vestiges of what were once very substantial 
structures. The temples requiring repairs to the Sreekovil should 
be taken in hand at first and the others may come in subsequently. 
Every year a few temples should be taken in hand, and the work 
should be completed as early as practicable, as the delay in 
completing the repairs involves additional expenditure in the 
shape of purificatory rites, t may also suggest that superfluous 
buildings may be pulled down* There are such buildings in 
several places. At Mavehkara, the Tahsildar was of opinion 
that a few buildings on the eastern side might be taken down. 
In many instances, I found that timely attention to a slight 
leakage would have saved the heavy expenditure incurred 
subsequently for repairs. The estimate for Maramath works 
should include the estimate for purificatory rites also; and the 
budget allotment should include both these items of expenditure* 
1 may appropriately refer here to the provision contained 
in the padivus of South Travancore temples for repairing 
buildings and vehicles, &c , before the Utsavom commences. 
The allotment 7 am given to'nnderstand, is not utilized wholly 
for the purpose for which it was intended. At Bhutbapandi, 
I was led to suspect that a part of this allotment was used to 
meet the charges for the daily and other services in the pagoda. 
I have appended a statement of the allotment and expenditure 
under this head for various teraoles (Ex. A. B.) The practice 
appears to be for the Tahsildars to call for and sanction estimates 
of the works to be done before they are undertaken. This is 
the right practice to follow; and if it is strictly followed, the 
allotment would not be misspent* At any rate, I am quite 
satisfied that the expenditurCf shown under this head deserves 
proper scrutiny in future. I may mention one instance of 
admission by the temple authorities that the padiyu allotment 
.{or repairs &c. are utilised without sanction, for other purposes. 



360 


The padivu allows 165^0 fs» for erecting sheds at Mandakat 
during the Utsavam. Though since 1079 the sheds have been 
errected by the Maramath Department and the cost has been 
separately charged in the budget for that Department, the padivu 
amount has also been soent for other purposes, but probably 
without sanction. 

67. The kitchen utensils in almost all pagodas are full 
of holes or are considerably worn out. The Potties complained 
to me in many places that they had to provide their own vessels 
for cooking Nivedyoms In many pagodas, I saw lots of 
unserviceable brass utensils &c. All these could be sold by public 
auction or may be melted and converted into vessels for the use 
of the pagodas. A list of broken and unserviceable vessels with 
the estimated value of the metal, and another list of those 
requiring repairs should be submitted annually with proposals 
for the supply of the necessary new vessels with their cost. The 
central office may be expected to scrutinize these reports and 
sanction new purchases or the manufacture of new vessels with 
the unserviceable metal in hand. , Proposals for repairs and 
purchases should be submitted to the central office in time to be 
included in the budget. I think that the central office may be 
authorised to sanction the conversion of metals into vessels at 
any time of the year when it is absolutely necessary to do so, 
if the same can be done without costly expenditure or when the 
expenditure can be met from the contingent allowance. 

68. 1 think that a sum of Jls. 5,000 may be set apart 
every year for sundry repairs to temples and Oottupuras and also 
vessels as a sort of permanent contingent fund. There are 880 
incorporated temples and perhaps a hundred and odd other 
buildings Including Oltus and Thanner Pandals which may require 
sundry repairs from time to time. The absence of any available 
fund for attending to the repairs is said to be the cause of the 



361 


neglected condition of many buildings belonging to our religious 
and charitable institutions* The amount proposed by me works 
at a rate of a little over Rs 10 per year on an average for all 
these buildings. 

69. Repairs or* purchases requiring more funds than can 
be met from the contingent allotment should be included in 
tbe budget. 

60. I think there can be no dispute about the soundness’ 
of the proposal to convert payments in kind into money whenever 
the payment is made in satisfaction of wages. I think that in 
such cases, paddy may be converted into money at the rate of 14 
chs, a para. I however, prefer to maintain payment in kind 
to tbe women-servents, as the practice regarding this class of 
servants throughout the country is to pay them in kind* The 
Keezheedu paddy may be converted at the Vilatharom rate of 
2 % fs. per para. 

61. I have appended a list of places where Siritar 
elephants may be stationed conveniently for use in pagodas 
(Ex. A. C.) I have also mentioned in the list some proposals 
for hiring these animals for use in other stations. The elephants 
undergo a sort of treatment annually. The sanie treatment 
may be continued, and tbe Veterinary Surgeon may be 
required to inspect the animals in his tours and to make his 
suggestion, if any, regarding them. 

62. Generally, all are in favour of the abolition of the 
Adyara system. Every one with whom 1 happend to discuss the 
question is of opinion that there can be no two views on the subject. 
If the foundation fort his general view be examined, it would 
be found tliat it is laid in the quicksand of misconception. It 
seems to be tbe general opinion that this practice amounts to an 
implied ordinance to the servant construed to make up the 



amount paid by him by all practicable means, whether right or 
wrong. It ought to be understood that this amount is not 
returnable when the office holder retires. It really represents 
the Government s share of the profits, the office-holder may be 
expected to make, in the shape of fees apd donations paid by 
people for performing Vazhivadus, In one sense perhaps, this 
may be taken as amounting to a sale of office ; but the 
right of the temple to a share of the money which find its way 
into the pockets of the Potti m the case of Vazhivadu offering 
cannot be disputed. The Potti is paid a monthly salary but 
it is generally very small. The services he has to perform at 
Vazhivadus are extra and he must be paid for the same. There 
is nothing wrong in principle for the propietor of the temple to 
share the extra income with the office-holder. In the very nature 
of things, it is very difficult for us to estimate the actual amount 
of receipts under this head. A visitor to the pagoda slips a few 
rupees into the hands of the Potti and requests him to light a 
lamp or offer a camphor light to the Deity. The last practice 
does not exist in temples of North Travancore. The Santhi- 
karen probably uses the comphor supplied by the Sirkar or has 
his own private store and does the service required of him and 
pockets the money. No body need know anything about this. 
It is also difficult to maintain proper establishments in all the 
out-of-the-way pagodas in order that these amounts may be 
properly brought to book. In the case of a view offerings for 
Nivedyoms the Sirkar is credited with a proportion of the rice 
and pmvisions supplied and the Potti and other servants are 
also given a share each. These transactions are brought to boot 
in such temples; but there are numerous other offerings which 
are not brought to book. I find from the returns supplied to me 
■that in many pagodas, the Sirkar receives no share directly of 
the Vazhivadu offerings. Many of these pagodas have fetched 



363 


large Adyaras. The small temple of Katinamkulam may be 
considered to be an unimportant one. But it is able to support 
two santhies who have paid the sums of .4,200 fs. and 4,237 fs 
jespectively as Adyara. I was told that the offerings received in 
this pagodas on Fridays and Mondays in the shape of money for 
Archanas &c. were such as to give these santhies an income of 
20 to 30 Rs. a month. The santhi of the extremely minor pagoda 
of Chenthitta has paid 10,000 fs. for a six years term. It is 
commonly reported that he makes Rs. 40 a month. These 
lawful sources of gain which it is not practicable or convenient to 
check and bring correctly to book except with costly additions to 
the establishment, I believe, at the foundation of the Adyara. 
system. 


63. The records of the oldest temples in the country 
show that the practice is very ancient. In the old temple at 
Guruvayoor in Malabar, the amount payable by the MeUanthi is 
fixed. It is so in some of our temples also. In others the practice 
is to form the profits by auction to the highest bidder. This 
auction system is indeed very pernicious and demoralizing. 
Several Thiruvella Potties complained to me that owing to the 
want of capital, they were driven out of santhi work from several 
temples, by the moneyed Thulu Potties. It enables people 
without any religious merit to secure places which ought to go to 
the really pious and orthodox. And it is further a matter of 
complaint that the system makes it difficult to dismiss, or suspend^ 
or otherwise punish the office-holder, when he misconducts 
himself. 


64. If the santhi pilfers, he is not the only man of that 
sort in Bevaswoms. He does not pilfer, because he has paid an 
Adyara. He does so, because he is not more honest than peopl& 
<;f his status generally are, and there is no proper system of check. 



364 


At any rate, it is undeniable that the large prices paid by these 
people often operate to make their conscience slightly elastic. 

I think the remedy* under present circumstances, is not to do 
away with Adyara altogether. But a system of fixed Adyara 
may be tried. We have, however, no means of knowing exactly 
how much may be collected and under what heads. For this 
reason, it is not possible to estimate the proper amount which 
may be fixed as Adyara for each temple. No registers of the 
Santhikaren’s receipts are kept. I would therefore propose 
that such Adyara may be fixed on the standard of the last auction 
sale proceeds with such modification as may suggest itself to the 
ofificer on the spot. There is a chance of the Adyara going 
down under such a system. The loss if any ‘on this head may 
be anticipated as likely to be attended with results making for 
the purity of the establishment* I would not recommed the 
abolition of the system of Adyara altogether on the ground of 
its analogy to a system of selling offices which it is not. On the 
retirement of the office-holder during the currency of his term, a 
share of the Adyara proportionate to the length of the unavailed 
term should be refunded. It may be also advisable to shorten 
the term, say to 3 years. A period of 12 years appears to be 
very long* 

65. If the system is totally abolished, the Santhikaren 
will require a higher scale of wages, which it may not be possible 
to give- Till a few years ago, the Registrars were allowed a 
commission in the earnings of their office. That system was not 
condemned on the ground of any analogy to the sales of office. 
Why should we on account of a fanciful analogy destroyed a 
■system which is not altogether indefencible and is at the same 
time a source of revenue to the temple and its establishraenL 
The average amount of Adyara realised from Santhikars 
annually appears to be 37,258 fs fEx. U), The Adyara is paid 
for various terms of years. The figure given above is the totaL 



365 


of the annual average for different classes of Santhi Adyara 
grouped according to the number of years for which it is paid. 
The Adyara Santhikaren has an interest in promoting Vazhivadus 
and if he is pious and honest he succeeds in attracting large 
benefactions as offerings. I have known several cases in which the 
Santhikaren’s personal interest is the source of considerable 
income to the temple in this direction. His interest may wane 
ar]d disappear under other circumstances. 

66. There are a few other temple servants who also pay 
an Adyara on their appointment. The amount paid is very 
small. There are 40 different classess of servants who pay such 
Adyara. Their particulars and the amount of Adyara paid by 
each can be seen from Es. V. The amount paid as Adyara by 
these servants is fixed and lasts in the majority of cases for life 
and in a few others for various terms of years, say, 6 or 12« The 
total amount earned under this head within the last 30 years 
may be taken to be 96,0 U fs. (Ex. V.) There are only about 20 
servants paying Adyara for short term of years. The number of 
servants paying Adyara for life is 173. I think this Adyara may 
be abolished* It will be a sort of relief to a number of poorly 
paid servants. 

67. I have appended a list of the shares to which the 
Sirkar is entitled in the offerings (Ex. X). The shares of the 
temple servants are mentioned in the lists obtained from the 
taluks. But the particulars given appear to be in some cases 
imperfect or inaccurate. It is not possible to fix the shares 
correctly with the imperfect records to hand. 

63, At present there is no uniform system* for collecting 
and preserving the Kanikkais and offerings received in pagodas. 
In almost all temples of note, the first day of the year brings a 
ioard of money offerings from Tiyas and such other classes- 



366 


As they are not according to the eastern of the country allowed 
to enter the pagodas, they hand over their offerings to any one 
who promises to pass them over to the temple authorities Perhaps 
they fulfil their promise or in a few cases they omit to do so. 
And it is also probable that the temple authority who in a few 
cases is a person drawing the handsome salary of 3 fs. a month 
may not consider it inconsistent with his sense of duty to utilize 
the receipts for his own private purposes. j 

69. I think that in all important pagodas, it would be 
advisable to keep strong locked boxes with a slit at the top 
outside the pagoda precincts to enable Tiyas, &c. to place their 
offerings themselves in those boxes. Those boxes should be opened 
publicly, every day, in the presence of respectable persons, and 
credited in the books; under the signature of the Devaswum 
authorities and one of the respectable villagers. A similar process 
may be adopted as regards ofierings given by persons who may 
enter the pagodas. 

70* It is also highly desirable that the offerings which 
are convertible into money should be sold by auction once a 
week. In the case of Vazhivadus, it is desirable to keep a 
printed book of duplicate receipts. A copy of such receipts 
should be furnished to the man who offers the Vazhivadu. 

71. The jewels, vessels and vahanams &c. have to be 
classified into those used daily or on special occasions* This 
may be done under the supervision of the local officials. Those 
wanted for daily use may be left in the coustody of persons who 
have to deal with them and all the others in charge of 
any officer who may be required to give security in pro- 
portion to thevalue of the articles committed to his care. In 
many of our temples, the persons in charge of them hold 
their office hereditarily. Their emoluments are not very high. 



367 


They may not be prepared to give security, A few treasure 
looms in which these valuables are secured are built of 
granite and provided witb iron bar doors as at Haripad 
and the Cape. In many other temples, valuables are left in 
the old cellars or strong rooms. But except at the Cape 
temple there is no proper arrangement for watching the treasure. 
In the Ettumanoor temple there is loked upas already slated a 
sum of Rs. 80,000. There are besides very valuable articles of 
gold and precious stones in this pagoda and in several others. 
Their aggregate value is above 11 lakhs of Rupees {vide Ex. AE.) 

72* In almost all our temples the Melsanthies have 
charge of very valuable jewels. It may be practically difficult 
to get security from these men. In such cases, the jewels in 
their possession should be verified every day by the manager of 
the Devaswom. 

73. It is highly desirable that proper strong rooms are 
built and supplied with iron safes and strong bores for preserving 
valuables which ought to be kept in these temples- The jewels 
and costly articles of precious metals which are never wanted for 
use may be removed to the Trivandrum treasury. Those 
absolutely necessary need alone be kept at the respective stations. 
Even in such cases if the Taluk treasury is close to the pagoda» 
the articles may be lodged in such treasury. 

74. Among the articles and jewels which are never 
wanted for use there may be some which it may be desirable to 
preserve on account of their superior merit as works of art or on 
such other grounds. These being preserved the rest may be sold 
and the proceeds held in credit for the temple in question, The 
Ettumanoor temple has, as already noticed, in its treasury room 
a sum of Rs. 80,000. It is idle to lock up all this money. It may 
be lent on interest. 



368 


75. A few Thandries may be disposed to object to the 
removal of temple treasure from the temple precincts I do not 
feel inclined to support their objection as there is no authority or 
reason on their behalf. The example of Cochin in dealing with 
the cash in the temple treasuries is before us The Mathilakom 
helped this State with a huge loan several years ago, which 
enabled this Slate to tide over a serious financial crisis Even 
now the funds of the pagoda of Sn Padmanabhaswamt are laid 
out for interest on application But all these transactions should 
be kept seoarate from the general revenues All the Nada 
varavoos of the Sirkar temples should be credited to the temple 
concernea and separate registers of such moneys should be mam 
tamed The general apprehension is that once the money gets 
mixed up witn Sirkar funds prooer there is no change of tracing 
it afterwards and applying the same for the purposes of Deva* 
swoms in question 

76. The question of settlement of the relations between 
the various servants of the Devaswom like Tbandry, Melsanthii 
Keezhsanthi &c. is notan easy one. Without practical experience 
it IS not possible to settle this point satisfactorily In many im 
portart pagodas the Melsanthi is more highly paid than the 
Anaval or other officer who is the recognised manager of the 
institution The appointment of various officers is made by 
various authorities In some pagodas appointments to the office 
of santhi are made by one who is m no way concerned with the 
administration of the temple affair* The Thekedalhu Bhatta- 
thin appoints the Melsanthi of ^mbalapuzha. In a few cases the 
office IS hereditary and runs m families mostly residing outside 
Travancore In some cases the appointment is made by the 
Thanthrees or the office-bearer is ordained by an assembly called 
Yogam by the process of Avarodham I have appended a list of 
officers with the names of the authorities competent to appoint 



369 


them (Ex. H.) 1 may also mention that a few important temples 
•maintain a record containing elaborate accounts of the duties of 
the various officers of the establishment and their powers of disci- 
pline. I came across such records in Vaikom and Suchindram- 
It is desirable to preserve a copy of these records in theHuzur*. 

77. It is a matter of universal, complaint that these 
office-holders who derive their appointments from quarters not 
connected with the management of the mstitutions, are not 
amenable to discipline. I think that in the case of hereditary 
office-holders, the Tahsildars of the district should be invested 
with the power of fining the office-bearers except the Than thry 
whose case according to practice is disposed of by reference to 
His Highness the Maha Raja. I have already stated that many 
of these hereditary office-holders serve only to maintain .the 
traditionary constitution before the assumption of the same by 
the Sirkat* As I suggested in my report on purificatory rites, 
an enactment curtailing the rights of these hereditary servants to 
sue, directly or indirectly, for the establishment of their hereditary 
rights is necessary. 

78. The manager of the Devaswoms must be recognised 
as the chief excutive authority and obedience to his orders on 
the part of the other members of the establishment should be 
insisted upon. At present, the system works on raamool lines 
and it is utterly devoid of life or order. The Thanthry should 
he made to feel that he is only the eccleslascical adviser cf the 
Government and that though be may have to give upadesoms 
to the sanlhi or perform some rites in the pagoda daily or peri- 
odically, he is nothing more than an officer subordinate to the 
trustee, the Government. The lists received from the Taluk 
give particulars of the duty of each officer. T have forwarded 
‘ those lists also with this paper. It is not necessary to print them. 
^ "They are id a few cases imperfect, and 1 am not quite certain 



370 


that they were prepared by responsible persons under proper 
supervision in the Taluk Cutcherries. It is not desirable in my 
opinion to hold these lists as conclusive. 

79. The safeguarding of the institutions against dese- 
cration and theft is the next point for consideration. As I have 
referred to the subject in my report on purificatory rites, I shall 
not allude to it here. 

80. The next question relates to the management of 
private properties of the Devaswom'? Most of our Devaswoms have 
no private properties beyond the ground adjoining the temple 
premises In several temples the premises are planted with 
cocoanuts. The planter very often happens to be a private 
individual who claims a right to the tree so long as it stands. 
Such a case came to my notice at Mavelikara. Ijexamined the 
settlement and other records available on the subject and told 
the claimant that he had no manner of permanent right to the 
trees, though it is not clear whether he may not claim compen- 
sation for planting and nourishing the trees- It is desirable that 
all transactions with private individuals relating to^Devaswom 
properties should be in writing. 

81. The compounds around the precincts of the pagoda 
may be leased for a term of years with proposals for planting and 
compensation for the same at the time of eviction which may be 
at the end of 12 years. I find from what I saw, that it does no 
good to either party to grant the properties on terms of simple 
lease. 

82. There are a few temples under Sirkar management 
with properties out of who'se income the temples are maintained. 
The properties of these Devaswoms are not treated as the 
properties of Sirkar Devaswoms are generally treated. These 



371 


properties rrray be leased on Kanom like the properties of jenmies 
IJ private Devaswoms. It ia necessary to appo.nt a separate 
agency for effecting renewals and collecting the rents. 

83 The neitt point I have to deal with relates to the 
nature of the accounts to be kept and the arrangements for 
scrutinising them. The subject requires technical knowledge 
which I do not possess I am unable to deal with it with confi- 
dence. I shall therefore satisfy myself with a few general 
observations. 

84. The expenditure being more or less fixed in the case 
of Devaswoms and Oottus, it may be enough to adopt the system 
of drawing money Irom treasuries on abstract bills by the local 
Superintendent of the institution or the Tahsildar of the aluk 
concerned. The usual detailed bills with vouchers should be 
::bXd at the end of each month, to the Head Office through 
the Divisional Office by the Drawing Office. 

85. Funds necessary for purchase of rice and provisions 
where contractors are not available may also be drawn on abstract 
bills in advance by the iocal Superintendents or Tahsiidars. The 
amounts so drawn should not exceed the estimated budget ex- 
penditure tor a month, and should be accounted for in the monthly 
detailed bills to be forwarded to the Head Office tnrough the 
Divisional Officer. 

' 86. Contractor’s bills may be paid by the treasury officers 
on the counter-signature of the Divisional Officer. 

87 The pay of the establishment may be drawn and dis- 
bursed on establishment pay bills by the Tahsildar or the Super- 
intendent after they are countersigned by the Divisional Officer. 


88. A monthly statement of expenditure in each insti- 
tution should be collected by the Divisional officer and forwarded 



374 


compensation being paid to the servants concerned in the shape 
of money. I do not agree in this view, I have filed a statement 
of the perquisites distributed among the members of the temples 
staff (Ex. A, D.) 

97. The pounding charges now allowed in various temple 
appear to be exceedingly high* It is understood to be the practice 
in several pagodas that the rice required .for Nivedyoros should 
be pounded by certain servants of the pagoda. The charge for 
converting the paddy into Onakkal for Nivedyom is in many 
Devaswoms fixed at a standard known as 5 and 2* This means 
that for 5 paras or edangazhies of paddy, 2 paras or edangazhies 
of rice alone are supplied, the rest going out as pounding charges. 
Thus for 10 edangazhies of paddy, you gel only 4 edangazhies 
of rice, though generally good paddy yields 50 per cent of nee 
In Sirkar accounts, rice is valued always at twice the quantity 
of paddy plus the conversion charges. In private houses, the 
wages for husking I para of paddy is only 1 edangazhy of paddy. 
So, while for 3 paras 2 edangazhies of paddy, it is possible to get 
1 para of rice, the temples have to give paras 5 edangazhies of 
paddy for I para of rice. According to the present system, the 
persons engaged in this work are not only paid the charges, but 
they are also allowed to appropriate the husk, bran, and the 
broken rice which in private transactions belong to the owner of 
the paddy. Even supposing you gel only edangazhies of nee 
for 1 para of paddy on account of the inferior quantity of the 
paddy, the pounding charges now paid are still high. At this 
rate 2| paras of paddy would be required for 1 para of rice. 
Taking the charge for husking to be 1 edangazhy of paddy per 
para, we would require 2# paras of paddy for 1 para of rice 
whereas we now required full 2i paras at the standard rate. But 
this is not the full measure of the difference between the prevail- 
ing rate and the hypothetical rate. The only taluk where 



315 


inferior paddy is supplied appears to be Ambalapuzha. The 
Eandukrishi tenants pay their dues in paddy and the same is 
supplied to Devaswoms. The quality of this paddy appears to 
be acknowledged as being defective, and in consequence thereof 
the padivu allows a vasi of an edangnzhy of paddy for 10 
edangazhies. In other words, the Sitkar supplies 1 1 edangazhies 
of paddy and requires rice equal in quantity to what 10 edadga- 
zhies of good paddy would give. Thus for 1 para of rice you 
supply 27 edangazhies of paddy inclusive of conversion charges 
at 21 per 10, whereas, according to the rate of 1 edangazhy of 
paddy per 10 edangazhies, yielding 4 i edangazhies of rice you 
would have to supply only 2^ paras of paddy. The differences 
is 3:^ edangazhies per para of rice* Side by side with this high 
rate, there is a lighter one also prevailing in many places for 
Onakkal used for Namaskaroms &c. This lighter rate is know'n 
as 1^ per 10, i. e., edangazhies of paddy for 10 edangazhies of 
paddy yielding 5 edangazhies of rice. The theory being that the 
rice required for Nivedyom should be husked by certain prevl- 
leged classes only, we find that in a few temples a premium has 
been paid by persons for doing this business for the whole of the 
natural term of their lives. In many instances, the woman 
servants attached to the pagoda claim the monopoly of the work. 
But so far as I have been able to gather, no writing exists in such 
cases in proof of the claim. Without strict proof of such claim, 
It is not advisable to recognize it. If the work is farmed to 
persons belonging to the previleged classes there is no doubt that 
the charges will undergo a fair reduction. This is a matter 
requiring the most careful attention of the authorities, for there is 
huge expenditure under this head. I scrutinized the rice supplied 
to the pagodas at Suchindram and Thiruvattar at the lower and 
higher rates of conversion chafes. I was not able to detect any 
4ifference in quantiy between the two sets of rice. ' The higher 



S76 


rate appears to have been fixed before the assumption of De\a 
swoms, but m cases of grants made by the Sirkar, since the 
assumption* J find that the charges have been generally calcu- 
lated at the reduced rate of H per para 

98. The capacity of the para measure in which the 
Devaswom transactions arc earned on» is a matter which requires 
some special notice. The para formerly in use in almost all page 
das, from ancient times, !«* the Chandra para which may be taken 
to be equal to the Agrasala para But about the year 1065, the 
Agrasala measure of 640 cubic inches was displaced by the Settle 
meat para of 800 cubic inches m several institutions The result 
was an accession of receipt and expenditure Probably this result 
was not noticed by the authorities when they ordered that the 
Settlement measure should be adopted for all paddy transactions 
As a consequence of this measure, which has been in force in the 
Trivandrum and Padmanabhapuram Divisions and tne Quiloti 
Taluk for some years past, the Sirkar has been subject to much 
loss 

99 I compared the Agrasala para which I obtained 
from the Trivandrum Second Tahsildar with the Settlement 
para in a few pagodas and found that lOO paras of rice according 
to the Settlempnt measure showed an excels over a similar 
quantity of Agrasala paca by not less than 4 paras 8| edangazhies 
of Agrasala In the case of «ome pagodas, the difference 
appeared to be as high as 9 paras 3| edangazhies of Agrasala It 
is \ery gratifying to point out transactions of the Agarsala are 
not carntd on in terms of the Settlement oara The total 
quantity of paddy transactions earned on last year in terms of 
Settlement para in the place of the Agrasala para amounts to 
A 53,560 paras The average excess being taken at 6 paras 9 
edangazhies on 100 paras, the total loss amounts to 31,^95 para^ 
[vide Ex A* P ) 



377 


100. I have to suppliment my remarks on Sadyas and 
Kuthucooly. In regard to Sadyas, I have to add that it is 
advisable to fix the allotment wholly in money. This proposal 
■would check the growth of expenditure- The expenditure on 
this head should on no account be allowed to exceed the •allot- 
ment. For a few years it would be necessary to f enforce 
effective supervision in the matter of Sadya expenditure, so that ^ 
it may be reduced to utmost limits of all reasonable requirements, 
of the occasion within the prescribed amount. It should also be 
laid down that the quantity of rice available for distribution to 
the lower orders should be confined to what is le^t after^ meeting 
the requirements of the higher orders. 

101. I have also to add that the quantity of paddy and 
rice for Keezheedu may be fixed at as much as can be purchased] 
for the commutation value of 2| fs. per para of pdddy on the 
padiYU allotment. Kuthucooly for rice under this head may be 
calculated at per 10. But in calculating Kuthucooly fof the ‘ 
rice to be supplied to members of the establishment as allowances 
I think it enough to allow I per 10 for Kuthucooly. 



CHAPTER VI 


PROPOSED SCALES AND THEIR 
FINANCIAL RESULTS 

In the report on purificatory rites, I have divided the 
incorporated Dsvasvvoms into 4 classes. In that classification, I 
have included one unincorporated Devaswam, namely, Sabari- 
mala, in the first class. I have for the purpose of this paper 
followed the above said classification with the ommisslon of 
Sabarimala, There ace 13 first class temples, 33 second class 
temples, 212 third class temples and 117 fourth class temples 
excluding the 5 temples of Malayankolam &c., situate m British 
territory. 

. 2. I have stated the general principles of revision in the 

last chapter. A set of scales for Nityanidanom koppu for all the 
Devaswoms has been drawn up (Exs. A H to A K.) In the case 
of first class temples, I have not modified the padivu quantity of 
provisions except at Tiruvalla where I have reduced the oil 
supply sligtly. In the case of other Devaswoms, the padivn 
quantities for Nityanidanom ibave been somewhat modified so as 
to keep the expenditure as far as possible within the paJiuu 
amount. 

3. The statements referred to above give only the 
particulars of koppus. The particulars of rice and paddy 
necessary for Nityanidanom in fourth class institution have 
been separately shown in Hx. AL 4 . As regards the other classes 
of Devaswoms, I have prepared ohly consolidated statements 
showing the total quantity of rice necessary for each class of 
De -/aswoms for Nityanidanom (Ex. A L). The quantity necessary 
for each Devaswom can be calculated from the books (Exs. 



379 


r 

A L to A Ag) by making deductions under the heads of 
■Namaskarom, Keezheedu, and KuthucooJy. The padivu for all 
incorporated Devaswoms for Nityanidanom is equal to 5,19,660 
paras 3|| edangazbies of caddy and Rs. 79,860-18 chs.-8 cash. 
The average past expenditure in paddy for Nityanidanom is 
equal to the padivu ; but the total expenditure in money which 
is equa'l to Rs. QS.OSO-ld chs. 2 cash is in excess of the 
standard. The proposed expenditure aggregates to 4,43,411x^0 
paras of paddy and Rs. 1,45,077-27 chs 3 cash. The proposed 
standard reduces the paddy expenditure by 76,149 paras 8§^ 
edangazbies of paddy, but the expenditure in money is in excess 
of the amount of current cost by Rs, 46,487-15 chs. 1 cash 
(Ex. A L). 

4, The particulars of reduction in paddy expenditure and 
the heads under which such’redoction is proposed are given below.— 

Paras. Edangazbies. 

By reduction in quantity of rice for 


Namaskaroms 

... 9,904 

SxV 

By reduction in quantity of paddy for 
Navakom Keezheedu 

- 3,301 


By wholesale conversion into money 
of prices 6xed in kind 
(Exs. Ai L to A L*) 

- 21,953 

2i 

By wholesale conversion of allowances 
in kind due to temple servants into 
money as per particulars given in 
the books A Lj to A at 31 fs. 

per para of paddy 

7,839 

6f 

By redaction of Kuthucooly from 2i 
per 10 to H per 10 

... 33,146 



Total-* 76,149 



380 


5. The particulars for the proposed extra expenditure in 
money are shown below ; — 


(1) By wholesale conversion of "1 Rs. chs. cash 


the allowances to servants of 
the establishment m paddy 
amounting to 7,839 paras 6g 
edangazhies into money at the 


I 

1 

I 


rate of 14 chs a para. 

(2) By charging market prices 

J 3,917 

22 

8 

on koppus 

42,659 

20 

9 


6. I may notice here that out of the sum of Rs. 42,659-20 
chs -9 cashi a sum of Rs 36,152-1 ch -3 cash is distributed wholly 
among the first class Devaswoms {vtde Ex. A L). I shall give 
below the particulars for the excess expenditure in the first class 
pagodas 



Rs. 

chs 

cash 

Milk 

18,189 

8 

14 

Cocoanuts 

6,509 

12 

11 

Ghee 

6,587 

27 


Cocoanut oil 

1,391 

21 

10 

Other articles 

3,483 

S5 


Total "" 

36,152 

1 

3 


7. The excess expenditure proposed for the remaining 
classes of Devaswoms on the head of koppus for Nityanldanom 
amounts to Rs. 6,579-19 chs -6 cash. (Ex. A L). 

8. It will appear that milk alone is responsible for 50 per 
cent, of the expenditure proposed for the first class temples. 

• Cocoanuts and ghee have together contributed to I of the 

surplus 

0. The large excess under the head of milk is ooptrjbnted 
mainly by requiremenig' of t' '^’uayasom Nivedyom at 


381 


Ambalapnzha. ^The total annual quantity of milk required for 
ITityanidanom in this pagoda is 12,948 paras 3 edangazbies. Out 
of this 109 paras 5 edangazhies are required for panchagavyom 
and palnivedyom. The balance which is the quantity consumed 
for palpayasom is 12,838 paras 8 edengazhies. This is less than 
the figure required at 36 paras per diem which is equal to 13,140 
paras. The difference of 30l paras 9 edangazhies is due to the 
expenditure on palpayasom during Uisavam, being charged to 
that head wholly. The expenditure now incurred on palpayasom 
milk for Ambalapuzha is equal to Rs 8,3SS‘l5^chs* But the 
proposed expenditure is Rs. 18,341-4 chs If however the 
present practice of cooking the payasom with 11 paras of rice 
instead of 3 paras 6 edangazhies as per padivu be recognised 
and continued, only 15 paras of milk would be required per 
diem. The annual cost of milk at this rate would be Rs. 7,821- 
12 chs- The value for the quantity of milk for palpayasam 
accarding the padtvu being Rs. 8.38S-i5 chs., (he balance *to the 
credit of Government is Rs. 567-3 chs. This balance is not 
shown in the accounts of the Dsvaswom. Those accounts do 
not disclose the actual quantity of rice cooked for payasom, but 
show that the whole quantity of 3 paras 6 edangazhies is so 
cooked. If there be a reduction in the quantity of milk there 
should be a proportionate reduction in the quantity of sugar 
which is charged in the padivu at the rate of 10 paJams per 
para. The total quantity of sugar prescribed in the padivu 
per diem for the palpayasom is 360 palams. The whole of this 
is now returned as consumed. But I should think that J50 
palams would be sufficient for 15 paras of milk. , . ^ , 

10. I have appended a consolidated statement of the 
proposed padivu for Masaviseshom for all incorporated Deva- 
swoms (Exhibit A M). The^ padivu amounts to 20,246 paras 
73 '^ij edangazhies and Rs. 6,513-16 chs-ll cash- The present 



S82 


expenditare in paddy is equal to the padivu and the expenditure 
in money is equal to Rs. 7,394-13 chs-13 cash. The proposed 
padivu lor all such Devaswoms is equal to 11*358 paras 41 edan. 
gazhy of paddy and Rs 10,440-1 ch-l cash. 

11. The reduction in paddy expenditure occurs under 
the following heads and in quantities noted against each head.— 



paras. 

Edangazhies. 

By reduction on Namaskaroms 

... 409 

tIi 

By reduction on Navakom 



Keezheedu 

00 

4bi 

By converting payments in kind 



for koppus into money 

•••• 1,772 

9 

By converting allotemcnts 



in rice for Sadya into money 



at 10 fs. a para 

.... 4,046 

m 

By converting allowances in kinds 



to servants in the establish- 



ment into money 

.... 1,891 

51 

By reduction in Tathra-ayappu 

.... 21 

7 

By reduction of pounding 



charges to li per 10 

.... 596 

7^3 

Total 

8,883 

6iJ 

12. The surplus expenditure in : 

money over the actual 


past rate of expenditure is equal to Rs. 3,045-15 chs. J 2 cash. 
This surplus is the total of the money allotment proposed in 
substitution for the paddy allotment for Sadya and the money 
payment proposed for Yatra-ayappu, servants' allowance and the 
value of the Kettuthenga oil. The padivu quantity of paddy 
allowed for Sadya for Masaviseshom is equal to 4,046 paras 
edangazhies. I have proposed 3,031 paras 3 edangazhies which 
is equal to 1,318 paras of rice, KuthucooH being calculated at U 



383 


per 10* I have valued rice at 10 fs, a para. The padivu for 
Yathra.ayappu is 21 paras 7 edangazhies. I have converted into 
money at the commutation rate of 2| fs, per para. The allov/- 
ance to servants on the temple establishment according to the 
padivu amounts to h893 paras edangazhies. This has been 
converted into money at i Rupee per para. The balance of 
Rs. 105-27 chs. 8 cash is the surplus charge incurred by the 
conversion of Kettuthenku oil into money at the rate of Rs. 2 per 
para, which is the commutation rate, and the conversion into 
money of the prices fixed in kind in the padivu for certain 
provisions. 

13. The padivu for Attaviseshom is equal to 50,056 paras 
5§5 edangazhies of paddy and Rs. 28,521-7 chs* 12 cash. The 
current expenditure is equal to the padivu in kind ; but the 
expenditure in money amounts Rs. 31,907-24 chs* 3 cash. The 
proposed scale amounts to 19,142 paras 4$^ edangazhies of 
paddy and Rs. 44,562-23 chs-14 cash. The particulars of the 
saving in paddy amounting to 30.914 paras IIJ edangazhies and 
of the excess expenditure in money amounting to Rsi 12,654-27 
chs. 1 1 cash, are shown below : — (Exhibit A N), 

Statement OF balance in paddv. 

Paras. Edangazhies. 


By reduction on Namaskaroms 2 15 

By reduction on Navakom 

keezheedu — • .« .... 785 9}.^ 

By conversion of prices of 

koppus in money 4*982 i 

By reduction on Sadyas 15,569 21g 

By conversion into money off , 

allaowences to members 

of the establishment .... .... 6,822 5rk 



38 ^ 

Paras. Edangazhies- 

By 'reduction on Yatbra* 

’’ ayappu 649 ^ 

By reduction on pound- 

• ing charges 1,480 2\i 

By reduction on Ona Alavu .... .... 622 

Total....30.914 lii 

Statement of surplus expenditure in money 
Rs. 

1. By conversion of paddy forSadya 

equal to 75 per cent of the padivu 
quantity of 15,569 paras 
edangazhies or 11,781 paras equi> 
valent to 5,105 paras of rice and 
40 paras of paddy, at 10 fs. for a 
para of rice and 5 fs. for a para 
of paddy 7,322 

2. Byconversion of allowances to ihem- 

bers of the establishment at 3ifs. 
per para of paddy 3 4ii 

3. By conversion into money at 21 fs. 

per para of paddy fixed for 
Yathra-a/appu 255 

4. By conversion of Ona pady at 2i fs. 244 

Total.... 1 i7263 

14, The balance of Rs. 1,391 — 10 chs.— 6 cash is the 
charge for koppus calculated at the commutation rate of 25 fs. 
per para; It will appear from the statement of particulars for 
reduction in paddy that 4,982 paras ^ edangazhy is the quantity 
fixed in padivu ^or koppus.' ' The whole of this has not been 


chs. ca. 

is 

7 12 

5 9 

14 

17 6 



385 


converted into money -under the proposed scale. The cost of 
koppus per proposed scale being less than the padivu scale, there 
is a balance ‘of Rs. 565 — 23chs> — 10 cash, under the head of 
conversion of koppu value into money. 

15. The padivu for Utsavams including allotments made 
from Oottupuras is equal to 1,33,794 paras of paddy and 
Rs. 54,855-15 chs.-l cash* The expenditure in paddy is equal 
to the standard scale. The expenditure in money has amounted 
to Rs. 78,327-7 chs.-5 cash. The proposed scale would cost 
25,334 paras 9^?^ edangazbies of paddy and Rs, 1,27,337-13 chs. 
13 cash. The surplus paddy to the credit of Government under 
the proposed scale is 1,08,459 paras 1 bV edangazbies of paddy. 
The excess expenditure in money is equal to Rs. 49,010-5 chs.-8 
cash. The particulars of reduction in paddy expenditure and 
the addition under the head of money expenditure are set forth 
below } 

Paras. Hdarigazhies. 

1. By reduction on Navakom 



Keezheedu 

1,443 

4^ff 

2. 

By conversion into money of 




prices fixed in paddy .... • 

- 18,747 

Si 

3. 

By conversion into money of the 




padivu allotment in paddy for 
Sadya 

- 57,446 

9i? 

4. 

By conversion of allowances to 




members of the establishment 
into money at 82 fs, per para • 

- 16,794 


6. 

By conversion of paddy for 




Yathra-ayappu 

- 11,393 

m 

6. 

By reduction of pounding charges • 

•••• 3,633 



Total ^ 

'••• 1,08.469 

1tj\ 



386 


Money expenditure 


1 . 


3. 


4. 


Rs. 

By conversion of 75 per cent of the 
padivu quantity of 57,446 paras 
9xc edangazhies of paddy fixed 
for Sadya equivalent to 17,8i3 
paras 9f edangazhies of rice into 

money at 10 fs. a para .... 25,448 

By conversion of allowances at 3| 

fs. oer para .... .... .... 7,897 

By conversion of padivu quantity of 
11,393 paras edangazhies 
of paddy for Yathra*ayappu 4,475 

By conversion o( 18,747 cVcr paras 
of paddy fixed in padivu for prices 
of.koppu at fs- per para .... 7,864 

Tolal.^ 45,186 


chs. 


14 

8 

24 

16 


ca. 


8 

4 




11 

8 


16. The difference to be accounted for is (Rs- 49,742— 

20 chs. — 8 cash minus Rs. 45,186 — 16 chs- — 3 cash) Rs. 3 823 

18 chs. This excess is due to the proposal to fix a uniform rate 
of Rs. 3i per para of nee for koppus for Sadyas in first class 
temples- These particulars will appear from Ex, AO. I may 
add that the rate of Rs 3i per para is in excess of the current 
rates for Cape Comorin, Neelakandaswamy Koil, Thiruvattar, 
Chengannur, Thiruvalla, Aranmula, Kavyoor and Ambalapuzha. 
The rates in these stations approximate to Rs- 25. At the 35 Rs. 
rate the expenditure for Sadya koppus for all the first class 
temples amounts to Rs. 32,397-14 chs. If the rates for the above 
said temples be reduced to Rs. 25 per para of rice which is the 
present rate, the proposed expenditure will be Rs. 3,595 less. I 
may observe that the Rs. 35 rate is not very high in consideration 
of the menu for Utsava Sadya. The Rs* 25 rale furnished by 



38T 


the temples named above is due probably to the inaccuracies of 
the returns or the fact that in all temples condiments are not 
cooked to suit the whole quantity of rice boiled, since part of the 
rice cooked is distributed without the addition of condiments 
among the lower orders. 

17. I have appended in Es, AO a statement of the 
particulars of the total annual money allotments proposed for 
Utsavams for each first class temple separately under the heads 
of Sadyas and for poojas, oil for torch-light processions and fire 
works. I have not put up any such statements for the remaining 
temples. In the case of the first class temples I have modified 
the padivu quantity for oil for lighting and nee for Sadyas, m a 
manner suitable to the requirements of each temple, as disclosed 
by local enquiries. For instance, at AmbaUpuzha, the quantity 
of rice now proposed for Sadya and Swayampakom is 1,500 
paras, whereas the padivu quantity is 3,250 and odd paras* In 
the case of temples of other classes, I have prescribed uniformly 
76 per cent of the padivu quantity, as it is not possible to estimate 
correctly the requirements of each temple individually, though it 
is pretty clear that the padivu quantity is generally in excess of 
the actual requirements. I have adopted the following rules in 
the case of those temoles * 

( 1 ) Tne ai/otment of rice for Sadyas 6e reduced all 
round by 25 per cent. 

(2) The allowances in kind to members of the establish- 
ment be converted into money at the rate of 

fs- per para of paddy* the Kuthucooly for con- 
version into rice being calculated at 1 per 10 and 
the price of 1 para of rice being thus fixed at 7^ fs. 
The allowances include in some cases a few 
koppus also. But it is not necessary to charge 



388 


anything for koppn^, as the allowance for rice has 
been fixed at liberal scale. 

(3) Paddy and rice required for Keezheedu to be 
supplied in quantities available for the total commu- 
tation value at 2| fs. per para on the padivu 
allotment. Kuthucooly for rice being charged at 
li per 10* The value of 1 para of rice at this 
rate is equivalent to fs. 

(4) The padivu allowances in kind of Yathra-ayappu 
be converted into money at the commutation rate 
of 2i fs , Kuthucooly being calculated 1 per 10. 
The value of 1 para of rice at this rate is 62V 

(6) The koppu value to be proposed to include the 
present actual expenditure In money and paddy* 
paddy being valued at 2| fs. per para. 


18. The quantity of rice being modified to suit the 
requirements of the present day, the expenditure on koppus may 
j gyQQP I’® expected naturally to undergo a pro 

2. Kandiyoor. porlionate modification. But a modi- 

3. MaveUkata. fication of koppu value on this principle 

5* Siruvar'pu appears to be inexpedient, as the result 

6. Thirunakkara: leads to a general standard of valuation 


7. Thnkkariyoor. 

S. Chatkaia. 

9. Thiruvarattukavu. 
10 Sastbankotta. 


which is highly inadequate. The cause 
of this anomaly is that in the case of most 
of these Devaswoms, the padivu value 


11. Kumaramaagalam. 

12. Kallercode. 

13. Elankavu. 

14. Thiramoozhikulam. 


is alone allowed for koppu for Sadya. 
There are 134 Devaswoms with Utsavams 
among the institutions of classes 2 to 4. 


l5 Kamankalangara. among these only the 28 temples 

16. Bulhapandy. , . , . „ , 

17. Thirupathisaram. named in the margin are allowed an extra. 



8S9 


IS. NagercojI. allotment equivalent to actual market 

in ^ prices or the amount of Chilavumichom 

available. The preposal now put forward 
gives a varying rate of koppu value for 
each Devaswom which is in each case 
less than the rate of Rs. SJ per para adopt- 
ed in the case of first class institutions- 
I should observe that the proposed allot- 
ment may probably in the case of a few 
of the 28 marginally noted institutions be found to be slightly 
in excess of the actual requirements. Such differences cannot 
be avoided in a general scheme and can be corrected only by 
means of observation in practice. 

19. I have to observe that the particulars of the temple 
servants whose allowances in kind ic is proposed to convert into 
money, can be found out on reference to the returns received 
from the Taluks and the old padivu. The totals for each Deva- 
swom, however, under this bead have been compiled and entered 
in Exs. AL»i to A L 4 . 

20. In the case of Masavisehams and Attaviseshoms, I 
have adopted the current scale of expenditure, as already explain- 
ed in the last chapter. The observations made in para 18 about 
the allotment proposed for koppu value, apply to these ceremonies 
also. 


21. Tbiruvitbaocode. 

22 Kumara Kovil, 

23 Ramaswami Kovjl. 

24. Thriparappu 

25. Keralapuram. 

26 Thazhakudi, 

27. DansaDomkopn. 

28. Vadiveeswaram. 


21. All the incorporated Devaswoms have been divided 
into 71 groups. I have filed a list of the higher class of servants 
proposed of these Devaswoms (Ex. AQ.) I have noted in the 
list the particulars of hands to be reduced. I have not disturbed 
the existing number of hands among the lower grades. Their 
pay being generally small, it is not advisable to reduce them, 
^ince it does not appear to be possible to recruit the service by a 



290 


well paid staff without adding to the expenditure considerably 
It will appear from Ex AQ that in the place of an agency 
consisting of 710 men, the proposal is to substitute one with 201 
persons The present cost on these 710 men amounts to 
Rs. 1^,532“11 chs cash wuh perquisites valued at Rs 2,262 
6 chs “lO cash making a total of Rs 17,794-18 chs -6 cash 
The proposed cost including the value of the prequ»sities which it 
IS proposed to maintain without any change whatever amounts 
to Rs 16,^60 These prequisities consist of rice, cakes and other 
things which are offered as Nivedyom in the pagoda Nivedyoms 
being maintainedi the prequisiti'^s snould a’so be maintained m 
the same shape, as sales of the articles in question would lead to 
abuse and loss The money allotment for the salaries of the 
agencv proposed by me ihua amounts to Rs 13,997-21 chs 
6 cash There are 493 Pandivadya musicians now costing 
Rs 13,286-8 chs plus Rs 2,629-15 cash in the shape of preqm 
sites This gives an average of only Rs 30i per head per year 
The average is very small It is desirable to improie the 
prospects to some extent of the Nagaswarakars in first class 
temples at least A monthly pay of Ks 10 would be fair There 
IS now only one Nagaswarakaran drawing Rs 10 a month and 
that IS at Ambalapuzha The measure may be borne in mind 
and carried out when funds permit I have proposed that the 
musical instruments of Kidupidi and Dammanom may be 
dispensed with This work gives occupation to 111 men and 
costs Rs. 2,190-26 chs 8 cash including prequisites I have 
appended a list of the existing staff of Pandivadyakkars (Ex AR ) 

22 I have appended a statement of the existing staff and 
the proposed staff (Ex AS ) At present there are 5,982 men. 
The strength of the proposed staff 5,473 The statement des- 
cribes the work assigned to the higher officers of the staff. 



391 


23. I may notice here the item of allotment transferred 
from Oottupuras to Devaswoms consists of the charges for 
feeding a few temple servants amounting to S.OBOila paras of 
paddy and Rs. 1,618-16 chs.-i2 cash. This amount is distri- 
buted among 137 men. They consist of 45 Santhikars and 
others. These 45 Santhikars are now given meals in Oottupuras 
and the cost of such feeding is debited to the head of Pakkom. 
This feeding costs 746^^ paras of nee and koppus- I propose 
that these people may be paid at the rate of 10 fs. per para. 
The cost theny would he Rs. 1,077-24 chs. The remaining 92 
persons are given only rice aggregating to 2,875 paras 
edangazhies. This I proposed to convert into money at the rate 
of 7 fs. per para. The proposed exrpenditure under these two 
heads amounts to Rs. 3,953-5 chs.-8 cash, Ejt. AS.) The 

particulars of the persons charged hitherto to Oottu are contained 
in Ex, O5 of Part I. 

24. The present cose on the head of salaries including 
the contribution from Ottus amounts to 19,071 paras 31 edan- 
gazhies of paddy and Rs- 92,716-12 chs- 6 cash- The perquisites 
to those people amount to Rs- 97 069-20 cbs-2chs The purposed 
cost in money is Rs- 99,024.1 ch.-l-5 cash and the perquisites will 
be continued as before. The perquisites of the servants dispensed 
with which amount to Rs 2,252-6 cbs-lO cash, will be distributed 
as such among the members of the staff whose pay is proposed 
to be enhanced. 

25. The Devaswoms make pensionary contributions to a 
few persons aggregating to 221 paras edangazhies of paddy 
and Rs. 189-3 chs -3 cash. The paddy under this head may be 
valued at 14 chs. a para* The cost pensions would then amount 
to Bs. 301-5 chs- 8 cash (Ex AX)- 



392 


26. In my report about Oottus I had referred to an ilem 
borne on the Thingal head for Theeyattu and Sastha Preethi 
{Vide Ex. AG Part I). The amount of expenditure under this 
head which is equal to the padivu is 90 paras edangazhies of 
paddy and Rs. 143-5 chs The particulars for this expenditure 
are given in Ex. AY* 

27. Thanchilavu costs 12, 26^ paras 8^ edangazhies of 
paddy and Rs. 7,232-2'4 chs. This head includes the charges for 
thatching, m aramath and other items. The proposed cost under 
this head is 3,493 paras 8t^ edangazhies of paddy and Rs. 5,937 
15 chs.-16 cash- The balance is 8,770 paras 9|| edangazhies 
of paddy and Rs. 1,295-8 chs.-l cash. I have proposed to strike 
out 1,844 and old paras and Rs. 3,771-26 chs.-6 cash charged for 
maramath purposes and Rs. 29.4 chs.-l2 cash charged for petty 
contingent expenditure, as I have proposed a sum of Rs. 5»000 in 
all in an earlier chapter for petty contingencies. These 
particulars will appear from Ex. AT. 

28. The padivu for unincorporated Devaswoms is 61,258 
paras 6^ edangazhies and l,20,554|| fs. Out of this, it is 
proposed to convert the phddy allowance of 16,3446"-5 paras 
payable to private Devaswoms of this class into money at the 
rate of J Re. per pata. The total proposed cost of all these 
institutions is 44,914 paras edangazhies of paddy. Valuing 
paddy at 5 fs. a para, the cost per year would be 4,02,33 iff fs< 
(Ex. AU). 

29. The cost of Devaswoms in foreign territory amounts 
to 7,701 paras 7 edangazhies of paddy and Rs. 8,162-10 
chs.-l 5 cash according to particulars supplied to me. But the 
padivu is 7,701 paras 7 edangazhies of paddy and Rs, 10,634- 
26 ch. 6 cash of which an amount of Rs. 21-16 chs.-6 cash is 
alone shown as not being spent. The whole of the balance is 



393 



p.H.432 Si 4 33.086 20 14 5.69,455 6.06,545 17 5 3.44.977 1,73,458 24 7 



394 


being spent, but I have not received particulars oF expenditure 
for Rs 2,000 and ode (Vtde Ex A V) 

30 The cost to Government on Mathilakom or Sn 
Padmanabhaswamy s pagoda amounts to 91,123 paras 8-^ 
edangazhies of paddy and Rs S9Sl3 1 ch 4 c (Ex A G) 

31 The difference m the cost of the prooosed measure 
and the present rate of expenditure w ill appear from the marginal 
table There is a reduction in paddy expenditure aggregating 
to 3 44,886 paras edangazhies of paddy The expenditure in 
money is in exces® of the present rate by Ks 1 73 218 24 chs 7 
cash If paddy be valued at the fair rate oF 14 chs per para the 
saving in paddy will be almost equal to the additional exp“ndi 
ture in money But if Government were to buy paddy at such 
high rates as 5 fs and fs per para, the saving would be 
considerable under the proposed measure In another aspect 
the result leads to a saving as I shall presently show The 
figures given above include the expenditure on the Sirl ar Deva 
woms and Sn Padmanabhaswamy s pagoda If the expenditure 
on the last institution be left out of account the saving in oaddy 
would amount to 2 6S 162 oaras '•dangazh es and the increas 
ed expenditure in money would amount to Rs 1,26 663 20 chs 
7 cash Thus the proposed measure leads to a saving of more 
than Rs 8,000 if paddy is ourchased for 14 chs tier para This 
Figure IS exclusive or the amount expected to be sa\ed, bv 
reducing the rate for Utsava Sadyas as proposed in para 16 ot 
thi'? chapter That sum is Rs 3,595 I should also add that 
an Item of exp-nditure amounting to Rs 2 450 27 chs has been 
shown on the wrong side of the calculation m the marginal table 
(vtde last column 3rd line), as I have not been supplied with 
accounts supporting that expenditure I have referred to this 
item in para 29 of this chapter Including these two items, the 
lowest profit would be Rs 13,413 8 chs 14 cash 



CHAPTER VII 


A GENERAL SUMMARY 

The administration of Sirkar Devaswoms compares 
favouratly with ihat of private Devaswoms as the landed assets 
of the former unlike those of the latter have not been frittered 
by fraud or litigation and as their income is in consequence steady. 

2. The application of the recently adopted commutation 
rate of valuation for paddy due as rent or assessment on 
Devaswom lands has crippled the resources of our Devaswoms 
as anticipated. 

3 The Sirkar holds the position of Melkoima trustee 
as regards the Devaswoms assumed by it, and the executive 
orders of the Government regarding the mode of assessing 
Devaswom lands cannot in equity and fairness be urged as a 
reason for reducing the expenditure on these institutions The 
re::ent action of Government in leasing the Kavyoor Devaswom 
lands on principles similar to those obtaining in the case of 
Pandarapaiiom lands appears to be a shortsighted policy, 
however beneficent it may be to the tenants concerned. The 
Jenmi Proclamation of 1040 which inaugurated a generous 
policy was an act of statesmanship which has saved the lands 
from acute agrarian troubles. But that policy is different from 
conferring a title to permanent occupancy on Verumpattom 
tenants of Devaswom lands. The action of the Mysore Govern- 
ment in comoensating the Sringerl Mutt for loos of its income 
by abolishing some heads of sayer revenue is a precedent 
illustrating the duty and attitude of Hindu Governments towards 
religious institutions. Oor Government is bound to compensate 



the Devaswoms for loss of their revenue by the adoption of alow 
commutation rate. 

4. The receipts from Devaswom landed properties for 

the settled taluks have twinkled considerably owing to the^.pecu- 
liarittes of the process of settlement. The landed properties of 
Devaswoms have in many cases gone into the general ^ead of 
Pandarapattom It is impossible to ascertain the extent of such 
properties The particulars of land revenue ascertainable from 
Thirattus refer to the Devaswoms assumed tn 987. Such revenue 
with its probable increment in the new settlement would amount 
to 1 8 lakhs of paras of paddy and Rs. 80,000. To this sum we may 
add an average annual Nadavaravu of 6,017 paras 3^ edanga* 
xhies of paddy and Rs- chs. 9 dash (Ex. A W'* The 

present revenue according to the Taluk and settlement returns 
now received is Rs 3,62,812 only. 

5. There is very little supervision of the right sort in the 
case of many of our Devaswoms and in consequence* waste and 
misappropriation are common. A separate Department for 
their administration is an absolute necessity. The popular 
altitude towards these institutions, which is now marked by cold- 
ness and suspician, deserves to be converted into one of 
sympathy and genuine interest, making for their well-being. 
(This can be done only by promoting popular Boards and giving 
them a position in the economy of these institutions,) 

6. Devaswoms have suEered considerably owing to the 
gradual but steady advancement in market price together with 
the recent abolition of taxation in kind- Ghee which is one of 
the most important articles necessary for Nivedyom has com- 
pletely disappeared from the temple dietary in many instances, 
and its place has been usurped in others, by a mixture of ghee 
and oil valued at 5 fs. per edangazhy, whereas, pure ghee sells 



397 


now at 14 fs. per Mudra edingazhy The supply of cocoanut oil 
for lighting is dwindling and many of our temples are ilMighted. 
The first class temples whose number is 13 should at least be 
maintained m a satisfactory state. 1 have therefore followed the 
padivQ for Nityanidanom in first class temples and modified the 
same as regards the other classes The padivu scales for 'Nitynl- 
danom are not generally extravagant. The periodical ceremonies 
may be left to get on with the amount now spent on them. 

7. It is highly desirable 'to convert paddy allotments into 
moneyatafair rate so that financial calculations may not be 
inconveniently dislurfced. I have therefore converted payments 
fixed in paddy for allowance to servants and prices o( provisions 
into money. Allowances to servants of the establishment have 
been converted at the value of 14 chs per para. The item of 
paddy allotments for koppus is proposed to be converted at the 
commutation rate of 9^ fs. per para. 

8 The allotments for Sadya have been generally 
reduced to 75 per cent , as there is much waste and misappro- 
priation in the way in which the feasts are now managed. The 
expenditure on tamash and processions may be reduced, I have 
done so by converting the paddy allotment for Yathra-ayappu 
into money at the fate of lions, per para. I have fixed the 
quantity of oil necessary for processions m first class temples. 

1 have not proposed any change in the oil supply for processions, 
in the temples of other classes, as in the large majority of cases 
such temples are supplied only with the oil available for the 
padivu value The allotment for Sadya should be fixed wholly 
in money by valuing nee at 10 fs. a para 

9. It is desirable toreduce Kuthucooly to 14 per 10, as 
it is likely to bring a large saving in paddy. I estimate the saving 
at 38,856 paras edangzhies. 



400 


allotment for temples of the second and third should be 
fixed after careful practical observation 


. . ./ i^ityanidanom koppus 
18 The prices given in the list 

, , , . »,/. desirable, however, not to 

are fair and reasonable It may dc . i t'u vt u 

, , ,• the scales a trial The Nirak 

accept them as final before unreliable. I have valued 

prices being g«nerall> enquiry to be the 

the koppus at rates which t 


prevailing market rates 

fired for Nityanidanom m first class 
19 The al^vays supplied in full The average 

Devaswoms ^ ^fter a fair trial, the total valuation 

market rates ei n should be adopted, subject to revision 

according to thirty years m the case of Devaswom of 

every seven, fourtee* 

classes 2 to 4 respectively 


20 It ‘s desirable to utilize the Nadavaravoos of 

ole for the purposes of such temple itself, as in such a 

eac every likelihood of the receipts going up Jewels 

case there la •r 

nd other valuables which are not of use ought to be either secured 
the Huzuf treasury or sold The cash belonging to De\a 
gsvoms ought to be laid out for interest for the benefit of the 
j)gvasuoms Very valuable jewels are now in the custody of 
persons who have given no security It is undesirable to continue 
their custody The jewels may be transferred to the Taluk 
treasury or the Huzur Treasury Security not exceeding a year s 
pay may be taken from the Vichanppukars oroposed by me 


21 I have valued nee at 10 fs and paddy at 6 fs a para 
as those are the highest rates of prices paid by Government 
in ihe past 


22 I wish to bring to the notice of Government the case 
of the Selva Vinayaka Pillayar Kovil at Kuzhithura The Sirkar 
is alleged to have sold the properties of this pagoda for the 



401 


liabilities of the person in possession. The Tahsildar to whom I 
referred the matter for report has admitted that the fact is as 
stated above, and that the Sirkac, may, contribute i of an edan- 
gazhy of rice and I of a thudam of oil daily for the pooja in this 
pagoda. The matter may be disposed of after calling for a report 
on the subject from the Peishkar. 

23. The proposed cost of services and establishment of 
all the incorporated and unincorporated Devaswoms amounts, 
to 5,54,846 paras Qe”! edangazhiesof paddy and to Rs 4,68,830-1 
dash. -This is the annual cost of all Devaswoms except Sri 
Padmaliabhaswamy's temple. Even if paddy be valued at 5 fs. 
a para the cost is only Rs 8,65,149-6 chs-6 cash. The revenue 
derived from the landed propesties of the assumed Devaswoms 
being estimated at 18 lakhs of paras of paddy and Rs. 80,000 
it cannot be said that the Government would be put to any loss 
By organizing a separate department as proposed by me for the 
management of our charitable institutions. I should enter it as 
my emphatic opinion, formed after deliberate consideration, 
that if a separate department for the management of our Deva- 
swoms and charitable institutions be sanctioned, it will serve to 
disclose more avenues for economy than I have pointed out, and 
will bring a larger saving than 1 have estimated. It will also 
serve to make the practices uniform in all institutions. 

24. I may repeat that 1 consider it a matter of utmost 
importance that the padivu scales for Nityanidannm in all first 
class temples should be adhered to without reduction. In the 
case of temples of other classes a slight modification of the padivu 
scales so as to suit the prevailing padivu may not be altogether 
unjustifiable 1 have followed this view in laying down the 
scales for Nityanidanom in all classes of temples, I have tried 
to keep the scales of expenditure for Masaviseshom die. within 
the prevailing scale of expenditure subject to certain reductions- 



m 


(9) G, O. No. D. Mil, dated the 16th April 1911, ena- 
merating the Devaswom and Oottu employ’es who alone will 
come under the head of Establishment ; 

(10) G- O. No. D. 2013, dated the ?3rd Edavom 1086, 
regarding the disposal of cattle received as nadavaravti in the 
Devaswoms. 

(11) G. O. No. D* 2095, dated the 27th Edavom 1086, 
directing the enfranchisement of the properties assigned to the 
Moothathus of Thirunakkara for the supply of rice and jaggery 
to the ThwonaV^kata temple, Kottayam taluk *, 

(12) G* O No. D 2679, dated the 12th Karkadagom 1086, 
regarding the utilisation the monies received as nadavaravu in 
the Vaikora and Ettumanur temples; 

(13) G. 0 No D. 5067, dated the 4th October ISlli in 
rtf appointment, pay etc, of Sanihikars in the Devaswoms ; 

(1-1) G- 0 No D 5596, dated the 16th Vrischigom 1037, 
directing that the keeskeedti and npayuktom paddy allowances 
should be paid in kind only ; 

(15) G-0. No, D. 1864, dated the 27th Meenom 1087, 
abolishing adiyara for certain menial services in the Devaswoms; 

(16) G. O. No D 4240, dated the 8th October .1911, 
regarding the use of elephants for processions in the Devaswoms; 

(17) G. O. No. L R. &F. 3831, dated the gth April 1912, 
directing the separation of Devaswom from Sirkar lands through- 
out the State; and 

D- 3239, dated the 11th Mithunom 1037, 
et ' suspend, ,dismiss..etc. 


cert 




Order thereon ^o. D. 4905 dated, Trivandrum, 

25th October 1912. 

In their Order No JD. 1748, dated the 1 1th May 1909, His 
Highness’ ’Government -stated that Mr. Ramachandra Row’s 
report consisted of three parts, vis, (1) State Charities, (2) Deva- 
swoms, and (3) Purificatory Ceremonies, and that each of the 
parts would be dealt wjth separately. The Government have 
already passed final orders on the revision of the State Charities 
The changes therein directed came into operation from 1085 m- e. 

2. The management of the Sirkar Devaswoms has been 
an object of grave concern to the Government for now a consi- 
derable length of time* Since the receipt of Mr* Ramachandra 
Row's report on Devaswoms, the Government took up indivi- 
dually for consideration, and have passed orders on, several of 
the questions mentioned therein. It Is now necessary not only to 
bring together in one place all the orders passed from time to 
time, but also to deal with the outstanding questions, to lay down 
a definite policy, and to give as far as possible detailed instruc- 
tions for the guidance of all officers. 

3. Mr, Ramachandra Row deals with the Sirkar Deva- 
swoms in seven chapters. In the first three chapters, he explains 
how the Devaswoms came under the management of the Sirkar, 
what relation the Sirkar holds to the Devaswoms, what the 
endowments of the Devaswoms were at the time of the assump- 
tion of 937 M. E., how far that assumption has affected the 

^ financial position of the Devaswoms, and how the Devaswoms 
are being administered at present. In the next two chapters, 
Mr. Ramachandra Row makes his suggestions for the improve- 
mentof the administration of the Devaswoms and for the revision 
of their scale of expenditure. The financial results of his 



408 


expenditure on any other Department of the State His High 
ness’ Go\ernment have given very anxious consideration to these 
difficult questions They would say, at the outset, that there is a 
fundamental difference between their position in regard to the 
Religious Institutions and that in regard to the Charitable ones 
The Charitable Institutions! mainly Oottupuras, are all unendowed 
the only exceptions being the Oottusat Parassala and Ariankavu, 
for each of which the Government have fixed a scale of expendt 
ture substantially in excess of the income from its endowment 
But among the Devaswoms, the Major ones, at any rate, are all 
etidowed institutions, and till the assumption of 987 M E , the 
Sirkar had no direct concern ivith them His Highness’ Govern 
ment do not feel called upon, at this distance of time, to make 
a pronoancement either on the justification or on the expediency 
of the policy which was adopted in 987 M F of merging the 
Devaswom Land Revenue into the Sirkar Land Revenue, a 
policy which was persisted in down to the administration of Mr 
V Rama Aiyengar and governed the Revenue Settlement 
introduced by that Dewan Probably, it was felt, at the time 
that, as the Sovereign of a Hindu State vas entitled to, 
and indeed expected to, maintain in an efficient condition, the 
Hindu Religious Institutions of the State, it was objectless to 
keep separate the receipts and expenditure of the Devaswoms 
from the general accounts of the State The Government, 
however, feel that the time has now come when tnis policv 
requires to be revised They feel that, in the best interests 
of the State as well as of the Devaswoms, it is desirable that the 
public should know what exactly *s the revenue from the Deva 
sworn lands and how far the maintenance of the Devaswoms is 
met from their revenue In the case of a few Devaswoms taken 
up by the Sirkar in recent years, the precaution has been adopted 
of keeping their receipts and expenditure separate from ihe 
general revenue and the general expenditure of the State This 



^09 


however hardly aBfects the matn point in Mr. Ramachandra Row's 
contention, for the Devaswoms taken up in 987 M. E., constitute 
over 98 per cent of the existing Sirkar Devaswoms, and it is 
with reference to this very large number that the view has been 
pressed by Mr. Ramachandra Row that the Sirkar is only a 
trustee and that it should at least now, recognise its position as 
a trustee. The treatment of the Devaswom lands on the same 
footing as the Sirkar lands, has, in recent years, given cause for 
grievance to the Hindu community and it has also led to some 
amount of misapprehension on the part of the non.Hindu 
communities in the State. In the last three Sessions of the 
Assembly, several of the Hindu Members vehemently urged the 
necessity for separating the two kinds of properties and keeping 
separate accounts for them, so as to safeguard, at any rate in the 
future, the interests of the Devaswoms ; and it was complained 
that the action of the Government in treating the Devaswom 
lands as if they were Sirkar lands, was mainly responsible for the 
— according to the Hindu Members, erroneous-impression that 
the Government had been spending large sums annually from 
the general revenues towards the maintenance of the Hindu 
Religions Institutions; while, in reality, according to the Mem- 
bers, the Government were utilizing, for their own purposes, the 
funds derived from the properties of the Devaswoms. At the 
same time^ there can be very little doubt that, in the absence of 
all mention in the Administration Reports, of any Devaswom 
Land Revenue, the impression is entertained by a large number 
of people, that the expenditure incurred by the Government on 
the Hindu Religious Institutions — ^aggregating to more than ten 
lacs of Rupees per annum — is wholly met out of the funds 
derived from the general lax*payer. Also, the inability of the 
Government, on the data before them, to say, even roughly, what 
the probable revenue of the Devaswom lands is, has handicapped 
them in dealing with the criticisms levelled on the administration 



410 


of the Devaswom Department in the Assembly and elsewhere. 
While, on the one hand, such a cautious officer as Mr. Rama* 
■Chandra Row, after considering the information atid the 
materials before him, has recorded the conclusion that, far from 
the general tax-payer having contributed anything to the support 
of the Sirkar Devaswoms, the surplus revenues of the latter mast 
be considered to have been appropriated by the Sirkar for 
general purposes, to such an extent that, if the Sirkar were now 
.to refund what it has so appropriated, the amount should be a 
crore of rupees, the Land Revenue Department has, on the other 
hand, after a preliminary enquiry, now put the Devaswom Land 
Revenue only at three lacs of rupees, i. c., at about less than a 
fourth of Mr. Ramachandra Row’s figure. It is obviously 
■undesirable that state of doubt like this should exist in regard to 
such an important matter. It is undesirable 'that there should 
be an appearance of a liability being thrown upon the general 
tax-payer when there is none, or that the liability should appear 
to be much larger than it really is. The Government have, there- 
after careful consideration; in their Order No* S831, dated ifae 
9th April 1912, directed all Peishcars to take steps at once to 
separate the Devaswom lands from the Sirkar [lands, prepare an 
accurate list of the Devaswom land for each with the 

help of the settlement records and also of such pre-settlement 
records as may be available, etc. The separation will have effect 
from the 1st Chingom 1088/16th August 1912, the Land Revenue 
of the Devaswom being credited to [the i head of ‘Devaswoms’ 
from that date, and fjaltas for the Devaswom lands being issued 
separate from the pattas for the Sirkar land, also from that date. 
The Government would, however, mention that it is not now 
their intention to make any change, either in the tenure or in the 
assessment of the Devaswom lands. They recognise that the 
•settlement of the Devaswoms lands already made, cannot be 
disturbed for the balance of the settlement period. Cut when 



411 


the next settlement is taken up, it will be the duty of the- 
Government so to regulate it in regard to the Devaswom land®, 
that the.Devaswoms should get the full revenue due to them. The 
Government will bear in mind that their position in regard to 
the Devaswom lands is fundamentally different from their 
position in regard to the Sirkar lands. Also, the Government 
reserve to themselves the right to supplement the Devaswom 
revenue, from the general revenues of the State, to such an extent 
as may, at any time, be necessary to ensure the efficient main* 
tenance of the Devaswoms. Independently of His Highness the 
Maha Raja's undoubted right, to maintain out of the revenues of 
his State, the Institutions of the Hindu Religion, there is the 
circumstance, in regard to the Devaswoms taken up m 987 M. E. 
by Colonel Munro, that the Sirkar then, by a solemn act, under- 
took the obligation to maintain them in an efficient condition for 
all time to come. This obligation will always be borne fn mind 
by the Government. 


IL Management of the Devaswoms. 

6. The next point for consideration Is the management 
of the Devaswoms. Every Major Devaswom is now looked 
after by a Manager, who is called differently Sr:kariakaranr 
Anaval, Samudayofn, Melmanushyom^ Koimmay etc., according 
to the usage of each Devaswom. assisted by Accountants and 
other subordinates. Every Minor Devaswom is managed by 
the Proverthikaran of the pakutt in which it is situated. The 
Manager and the Proverthjkararan are under the control of the 
Tahsildar, who again is subordinate to the Division Peishasr. 
There are also four Amtnadars (one tor each of the Bevenue 
Divisions. Devikulam excepted, of the State) whose duty it is to 
go round and inspect all the Religious and Charitable Institu- 
tions in the Division and submit reports of any defects fonnci 
by them to the Peishcars. Mr. Ramachandra Row charactericgc; 



412 


the management of the Devaswoms generally as very 
unsatisfactory. In Mr Ramachandra Row's opinion, the Tahsildar 
IS now so much burdened with hts revenue, magisterial, treasury 
and other miscellaneous work, that he actually finds little time 
to bestow on the Devaswoms. Though the Tahsildar is expected 
to visit all the Devaswoms in his jurisdiction once a month, this 
is seldom done. The Tahsildar's visits are generally confined 
to the utsavnffts or annual festivals. Not only does Mr. Rama- 
chandra Row find fault with the present system on the ground 
that the Tahsildars do not devote sufficient time to their Deva- 
swom work, but he finds fault with the Peishcars generally 
for their very inadequate supervision over the Devaswom 
administration* In Mr. Ramachandra Raw's words, neither the 
Tahsildars nor the Peishcars now recognise their Devaswom 
work as a substantial item of their daily task. Mr. Ramachandra 
Row concludes that it is absolutely necessary to remove the 
management of the Religious and Charitable Institutions from 
the Tahsildars, to establish a supervising agency for them, 
unconnected with the Peishcars, and, if possible, to introduce a 
popular element into the administration of the Devaswoms by 
the formation of Village and Taluk Boards to help the Sirkar 
officers in the managements of the institutions. Mr. Rama- 
chandra Row is for organising a wholly separate Department 
consisting of a Commissioner, of the status of a Dewan Peishcar, 
with three Assistant Commissioners and fourteen Superinten- 
dents, with the necessary ministerial and menial establishments, 
costing altogether Rs. 47,000 per annum. If, however, the 
organisation of a separate Devaswom Department is considered 
inexpedient, Mr. Ramachandra Row would improve the existing 
machineray by giving the Tahsildars special help, in the case of 
the important Devaswoms, by the appointment of well-paid 
Managers, and by lightening the other work of the Tahsildars. 
So far as the Peishcars are concerned, Mr. Ramachandra Row 



413 


recommends that the Government should insist on these officers 
bestowing a much closer attention to the affairs of the Religious 
and Charitable Institutions in their charge, than they have been 
hitherto doing, and he specifically suggests surprise visits by the 
Peishcars as likely to be productive of much good. 

7. In the Conference, the Peishcars were agreed that the 
Tahsildar should continue in charge of the Devaswoms and the 
Oottus, but they thought it necessary to give him some relief in 
the administration of the larger Devaswoms by appointing a 
special Manager for each of them, to whom the Tahsildar could 
look for help, and in the case of the minor ones, by the appoint- 
mentofan Aminadar for a group of such Devaswoms. Opinion 
was divided as to the necessity Tor the appointment of a 
Commissioner to control the administration of all the Religious 
and Charitable Institutions In the Stale. Some thought it 
advisable to relieve the Peishcars wholly of their Devaswom 
duties, by the appointment of such a* fulhtimcd officer, while 
others urged that one officer by himself could not exercise any 
control worth the name over all the Devaswoms and charities 
in the whole State. While His Highness Government 
recognise that there is considerable force in the view advanced 
by Mr. Ramacbandra Row that the management and control 
of the Religious and Charitable Intitutions should be wholly 
taken away from the Peishcars and the Tahsildars. they feel 
that a large recurring liability of about half a lac of rupees per 
annum, such as would be required for[ the organisation of an 
independent Devaswom Department,; should not be thrown 
on the State unless it is absolutely necessary. Also, it is 
unlikely that a single officer, even of the status of a Dewan 
Peishcar, will be ablei to supervise effectively the administra- 
tion of all the Devaswoms and Charities, so numerous and so 
widely scattered all over the State. The intervention of the 



414 


Tahsildar is probably in any case inevitable ; if so, it is as well 
that the Tahsildar should be controlled in his Devaswom work 
by his own Division Peishcar. The Government feel that, 
before they give up finally the present system of management 
of the Devaswoms and Charities by the Tahsildars and Peishcars, 
as unworkable, they should make a strenuous endeavour to 
improve the system. It is by no means certain that the system 
itself is wholly responsible for the slack administration that 
characterised the management of the institutions till recently. 
The appointment of Stationary Magistrates in some of the 
taluks where the work of the Tahsildar is heavy, and the 
appointment of the Deputy Tahsildar as the ex.officio Head 
Accountant and as such mainly responsible for the treasury 
work in all taluks, should have reduced the Tahsidar’s daily 
■Nvork. The Tahsildar should, therefore, have sufficient time, in 
most places, to attend to the work connected with the manage* 
ment of Devaswoms and Charities. Where relief is still needed, 
the Government are prepared to give it by more appointments 
of Stationary Magistrates. In regard to the suggestion of 
Mr. Ramacbadra Row that, in the case of tde larger Devaswoms, 
the appointment of a separate Manager or Aminadar for each 
of them, may, with advantage, be resorted to, the Governmnet 
note that this experiment has been tried in the case of the Vaikoro 
Devaswom, where it has by no means been an unqualified 
success. Even vx the case of the larger Devaswoms, whose 
effective supervision would take several hours a day the policy 
should be not to add to the existing staff by the addition of a Mana- 
ger or Aminadar, but so to improve the pay of the headman— 
Srikariakaratty Attaval, &c., as to make him really helpful to the 
Tahsildar. It is not that the Government grudge to give relief 
to the Tahsildar, but they feel that the relief should be given 
by an improvement of the existing staff of Srikartahars, AnavalSt 
&c., not by creating new appointments, such as was done in 



415 


'Vaikom. It should not be forgotien that, when 'the paiivusol 
the Devaswoms are revised and fixed, the bsk administration 
will be considerably lightened, and if, in each of the larger Deva- 
swoms, one or two of the existing men are put on a footing such 
as would make them really helpful to the Tahsildar, the task of 
the latter is bound to be comparatively easy. His Highness* 
Government must insist on the Dewan Peishcars seeing that due 
attention is paid by every Tahsildar to the management of the 
Sirkar Devaswoms and Charities in his taluk. Each Peishcar 
should frame, and submit for the sanction of the Government, 
detaild rules for the guidance of his Tahsildars and the Deva- 
swom and Oottu subordinates, regarding their duties, reponsi- 
bihtes, hours of attendance, supply of provisions, the returns to 
be furnished, etc. The Account Officer should prepare and 
submit rules in regard to the accounts to be kept in the Deva- 
swom and Oottus, the forms in which they should be kept, the 
nature of audit of these accounts, etc. Frequent visits to the 
institutions by the Tahsildars and the Peishcars, and especially 
surprise visits by the Peishcars, and scrutiny on the spot of the 
work of Che subordinates, are bound to go a long way towards 
checking the irregularities so much complained of by Mr. Rama- 
chandra Row 

111. Paihivus for the Devasvjoins, 

8. A question of the most vital importance for the Deva- 
swoms is the fixing of iht\t pathtvus^f, e-, the scale of expenditure 
for the daily, occasional, and extraordinary ceremonies. Before 
proceeding to consider the principles which should be adopted m 
fixing the pathivus, it is necessary to have a clear conception of 
the nature of the institution and of the ceremonies for which the 
pathivus have to be fixed. 

9. (i) Classification of the Devaswoms- The distinction 
has already been incidentally referred to — vide para 5 supra — 



418 


12 (lii) Central principles for fixing the paihivus, 
Tne pathivus for the Devaswoms assumed in 9®7 Mj E. 
were finally fixed by Colonel Munro in 994 M. E The 
pathivus then fixed were both in kind and in cash. Not only 
were the quantities of grain and other provisions fixed then 
for the daily and the periodical services and for the festivals, 
but a pathivu value in cash for provisions was also settled* 
Mr. Ramachandra Row opines that it would be unreasonable to 
hold that the intention of those who framed the pathivus 
in 994 M. E- was to fix the money allotments for provisions 
permanently without reserving to the Devaswoms the right to 
claim additional allotments in consequence of the general 
increase in the market rates. He points out that this difficulty 
does not arise in the case of rice, as paddy has always been 
supplied in kind, formerly from the Sirkar Nelpuras, and, after 
the abolition of taxation in kind, through contractors. Mr. Rama- 
chandra Row finds that the pathtvus fixed in 994 M, E. were 
neither drawn up with any degree of accuracy nor under proper 
supervision. They are glaringly defective in some instances m 
which some of the most absolutely necessary articles of provisions 
are omitted. Mr. Ramachandra Row points out that, in spite of 
the considerable advance in the market prices, the fiction is even 
today maintained that the quantity of provisions is being supplied 
at the pathtvu cost fixed in 994 M. E. This has given rise in 
practice to the growth of a system of account keeping which is 
extremely misleading. The fiction of supplying the pathivu 
quantities of provisions is maintained, and against the difference 
between the market price for the articles and the j>athivu price 
fixed in 994 M. E., all unexpended balances, called chtlavumichomt 
are set off. But, as often as not, these credits hardly cover the 
excess charges. An entry is then made in the accounts that the 
balance has been struck off for want of funds. That an absurd 



419 


systnm like that should'breed fraud and misappropriation need 
hardly be a matter for surprise. Even the system of partial 
compensation for the higher prices of articles is not allowed to 
all the Devaswoms. The Minor D’evaswoms have never enj ^yed 
the privilege. The majority of the Devaswoms in the central 
and northern taluks ol the Stale do not get any chtlavumtchom. 
Among the Major Devaswoms in South Travancore, in the 
Suchindrum temple alone has the actual value for the provisions 
supplied been always allowed. Some other Devaswoms are 
allowed compensation'only to the extent of stoppages and the 
unexpended balances in the ^athivus In the opinion of His 
Highness’ Government, there is considerable force in what 
Mr. Ramachandra Row says regarding the pathivus generally. 
There can be no doubt that the paihtvus fixed in 994 M. E. 
require considerable revision. The fundamental difference in 
the matter of expenditure, between the Major, and the Minor 
Devaswoms, will be maintained. The pathiwis of the Major 
Devaswoms will first be considered, 

13 (ly) Major Devatvooms, (a) liiiyamiauonu The Httict 
ntdanom or daily ceremonies differ according to the importance, 
custom and usage of each Devaswom. The chief of these 
ceremonies are (1) the abhtshekom, (2) the nwedyom (3) the paoja^ 
(4) the srtbeh and (6J the fiamasharcnt, 

14* Mr. Ramachandra Row says that the mvedyoms cannot 
be reduced in quantity. ** The belief is that the virtue of a 
pagoda is proportionate to the quantity of the ntvsdyotn offering.” 
Mr- Ramachandra Row points out that there are two ways in 
which the existing patlnvu could be revised, m'z , either by 
reducing the quantities of the articles to what could be procured 
for the money pttihwu^ fixed m 994 M. E-, or by raising the 
money allotment to what is now required for purchasing the 
quaniUies fixed in 994 M, E. He proposes that the former 



420 


. cf unimportant 

method of rivision be adopted in the cas ones. 

Devaswoms and the latter in Major Devaswoms 

Mr. Ramachandra Row woo/d /mportance, the style of 
into four classes of devotees they attraett 

their expenditure, for the mthyanidanom in the first 

and he f,c fixed in quntities of provisions, the 

class Devaswom* second, third and fourth classes 

scale foraii subject to rivision every seven, fourteen, 

beinff respectively. Hence, according to him, the 

or thirty for a first class Devaswom should be boagbt 

value, while in a Devaswom of the second, 
fourth class, such quantity alone need be supplied 
*”couId be purchased for the amount arrived at by commuting 
The old /«M(Vh allotment in paddy into money at the rate of 
11 chs. per para. Mr. Rumachandra Row would, however, on 
no account, have the quantity of the nhedyom rice in any 
DevasWom reducedi nor the numbir of the natnasiaromt 
originally fixed. In the case of the namikaromt, Mr. Rama- 
ebandra Row thinks that the original ^afhivu of three nazhies of 
rice per person may be reduced to two nazhies, the cost of pro- 
visions being calculated at eight cash per bead per meal. 


16. The Peishcars agree generally with the suggestions 
of Mr. Ramacbandra Row ; the majority would fix the palhivus 
for the rnthyamthanom in all Devaswoms in cash, on the basis of 
the present market rates, subject to revision at fixed intervals. 


16. His Highness’ Government have carefully considered 
the above suggestions and they resolve that the pathivus for 
both rtc$ and other provtstons for the nityanidanom in all the Major 
Devaswoms should be fixed tn kind. The rice for the nivedyom should 
be invariably fixed at the same quanity as was fixed in 994 M. E. 
In regard to the substdtary articles, such as sugar, ghee, jaggery. 



•etc., the present day need should be ascertained by careful 
•enquiry and the scale fixed for each Devaswom. In Appendix 
AA attached to his report, Mr. Ramachandra Row gives, after a 
very careful examination, the quantities of the subsidiary articles 
required for each particular purpose. The information given 
there should be freely utilised by the Peishcars in framing the 
revised pathivus.' For alt supplies made to the Devaswoms. the 
Government consider that the contract or »*rak price should in 
future be given, ft should not be forgoUen that the sancitt^'of a Dtva- 
5tt>om mainly rests en the due Performance of the daily ceremonies. Where 
namaskarams exist, they should be maintained intact. The number 
should not be reduced, but the Pathivu may be fixed, as proposed 
by Mr. Ramachandra Row, at the rate of two nashies of fic'e and 
eight cash for other provisions, per head per meal, if, for want 
of persons to partake of the meals, or on account of sadya or other 
cause, there is saving in the namasharorn cooked rice, the surplus 
should be sold and credited in the accounts. ' ^ 

17. Ail in kind for the Pevaswoms should, in 

future, be fixed according to the standard weights and measures. 
Mr. Ramachandra Row says that the rice for the mthyansdanom 
was formerly fixed in terms of the chandrapara, then in use, of 
640 cubic inches. So also, in regard to other provisions, the 
quantity was fixed as per chandra-nazhf, tutouu etc. In the revised 
pathivus, the quantities should be converted into terms of the 
present standard weights and measures. 

18. At present, only the paddy required for converting 
into rice is obtained on constract* The other provisions are, for 
some Devaswoms, obtained on contract, but in the majority 
of them, they are supplied by the Devaswom subordinates, by 
local purchase for the value fixed in 994 M. E. The Government 
think that, in future, the supply of all articles, including paddy, 
should invariably be given out on contract and the supplies 



m 


paid for according to contract rates. Departmental purchases 
at ntrak rates should not be resorted to. except when no con- 
tractors are forthcoming* As the Government are now allowing 
the payment of the /ull value for oil supplies, instead ot the old 
obsolete taihtvu value, it should not, in the opinion o\ the 
Government, be difficult to secure suitable contractors Every 
Peishcar should see that the contracts for a year are given out 
sufficiently early during the previous year, so as to entable him 
to frame a correct estimate of the expenditure for the succeeding 
year. 

19, The Government note that, in some Devaswoms, some 
of the articles for the nidyamdanom, such as milk, flowers, 

firewood, rice, jaggery, etc., are supplied by private individuals, 
some of these individuals make the supply in consideration of 
holding landed properties, or getting thiruppuvaram, Warfaparart* 
cattle, or other Income from the Devaswoms. Lately# the 
Moothathus of the Thiranakkara temple in the Kottayam taluk 
refused to supply rice and jaggery to the temple as usual, in return 
for the viruthi lands held by them, and the Government had to 
’enfranchise those lands and to fix a patbivu for the supply-Vide No. 
2095, dated the 37lb Edavam tOS6. Similarly the Moothathus of 
the Vaikom temple have complained about the difficulty of making 
the usual supply of milk (or Payatom to the temple ; they have 
been ordered to make the supply as usual, pending the decision 
of the general question. Those and other instances go to show 
that the practice of private people making supplies for the 
KhyfffiiticjrtojH is not likely to work satisfactorily in the future, and 
that the system is bound to give increasing trouble. The Govern- 
ment therefore resolve that all supplies by private individuals, 
for the nityanidanom, except when they are made quite voluntarily 
should absolutely cease, and that the lands or other emoluments 
assigned for the purpose should be enfranchised the revenue or 



423 


income set apart for the supply credited to the Bevaswoms. All 
articles needed for the mtyanidanom should hereafter be obtained 
from contractors or by local purchase. In regard to the supplies 
if any made voluntarily, private individuals may be allowed to 
continue the same 3 but should a private individual fail to do it, 
and if the supply relates to an article included in thei>af/nVK, it 
should, of course, be supplied and paid for by the Sirlrar- 

20. Mr* Ramachandra Row points out that, in the 
fathivus of almost all the Bevaswoms, no provision was made 
in 994 M. E* for firewood. In a few Bevaswoms, and allowance 
was provided for cutting fuel j in a few others, the 
duty of supplying fuel was imposed on the hereditary servants 
of ‘the Devaswom, The Government have had ^recently to 
sanction the cost of supplying fuel to some Bevaswoms on the 
recommendation of the Peisbcars. The want of provision for 
firewood is an omission which has to be supplied. 'The Govern- 
ment consider that separate provision should now be made for 
firewood in all the Bevaswoms* 

21. (h) tilasaviseihom and AUavtteshom, These are, as 
already stated, special ceremonies conducted on specified days m 
a month or in a year. Mr- Ramachandra Row points out that 
these ceremonies are of secondary importance as compared with 
the nttyamdanotHf and he recommends that the pathivus for these 
may be fixed in cash by taking a standard money valuation for 
the articles now supplied. The 'majority of the Peishcars also 
agree to .this proposal The Government direct that the 
Jiathn'tf* for the masaviseshom and the atlavtseshotn should all be 
fixed in cash, based on a careful calculation of the articles 
supplied during the last three years and on the actual money 
expenditure incurred for the purpose. It should, however, be 
borne in maid that, out of the cash patfuvus so fixedi the special 
^oojas should be done without any reduction, as these poojas are 
•of the same importance as the nithyanidanom^ 



424 

rorst'oTsdays. There are. as 

,.,.„r.,„rmayearinsomeDevaswoms. 

:,kaiheytai.-h<.rcmorth<^ rehgroas, and th „rvta5 

the secatar part. The religious portion consists o p 
done within the temple, The secular portion consist h 
feasts, processions, sports, etc., for the entertainment of the 
devltoes who gather on such occasions. Mr. Eamachandra Row 
Lds that there is a great deal of waste and unnecessary expendu 
ture for the ut,a,cm,, that reduction is necessary in the expendi- 
ture on p»:u>efn:nls. ,ad:,a.ppharchp, oil presents, etc. He atlri. 

butes the extravagant expenditure to the practice of some low 

officers keeping on the processions for inordinate lengths of time, 
and also needlessly spending largely on feasts, hiring a latge 
number of elephants, adding to the number of torchlights, gettmg 
down special musicians, acrobats, and other performers. <• 
Eamachandra Row recommends that the ppihivu for the 
,. e., the musicians, acrobats, and other performers, should 
fixed In cash, calculating the value of paddy at the commutation 
rate (lor the rice) and by adding to it the taihivu in cash. 

almost all institutions a big one. 
Mr. Eamachandra Row alludes to the practice of the local officers 
appropriating from the funds for the saijn the sums required for 
the amusements. The or supply of cooked food is said 

to be answerable for much abuse. The consumption of oil m 
some Devaswoms for the'seo*' and for the processions by 
prolonging them far into the night, and sometimes till almost 
daybreak, rose so much that, recently, the Government had to 
curtail the quantity. The majority of the peishcars accept the 
suggestions of Mr. Ramochandra Row. 



425 


23. His Highness' Government have no doubt that 
there is 'much of avoidable expenditure, it not of culpable 
waste, in the «/serpoms, owing mainly to the want of proper 
control. During the last three years, the Government have been 
tentatively trying to reduce expenditure by fixing a money allot-^ 
ment for each «/5avom. That it has been foud possible to keep the 
expenditure within the allotment, proves that the local officers, 
tf ihey wotiH only pay du& ailentton, could considerably bring down 
the expenditure. The Governmentresolve that, in future 
for the nt'sflvoms should be fixed in cash 1 In fixing the^'«tA»vMs, 
no reduction should be made in the akaiheypadUharom or 
religious portion of the ceremony. The expenditure for the 
akafheipaditftarom should always be deemed a first charge on the 
money allotment which may be fixed for the entire uisavom. 
The secular ceremony or puratheypadtiharom stands on a different 
footing. It may be fixed with reference to the actual 
expenditure for the last three years. Reduction in the quantiy 
of rice for the sadya may not be quite possible in such important 
teirfples as Suchindrum, Thlrnvattar, Vaikom, Ambalapuzha, 
Haripad and Ettumanur. But even there, by close and efficient 
supervision, much of the waste could be minimised. Ordinarly, 
for the ^yof the average quantity of nee actually spent for 
the last three years may be taken as the basis and calculated at 
ten fanams per para. For other provisions, for the importent 
Devaswoms noted supra^ the rate may be calculated at Rs. 3 per 
para, and for the remaining temples at Rs. 2 per para of rice. 
The paharcha should be confined to the Thantnes, Stames, and 
such persons as have a duty to perform in the Devaswoms in 
connection with the utsavowt if they’ are allowed the privilege 
now. All those who are now fed in the sadya may be fed in 
future also. No one in whose favour there is no Government 



426 


order in support should however be given kt>j>pu, i. e.. rice and 
provisions. A list of the PaUrchaiars and Kopp„kars should be 
prepared and submitted for the approval of the Government. The 
disbursement of the iwayampatom, wherever it is given now, 
should be guided by the principles laid down for the Oottupmas. 
The expenditure on the Aramtikars should not exceed the amount 

arrived at by calculating the in kind at elevan chackraras 

pet para of paddy plM the PM,iw allowance in cash. The 
consumption of oil, the number of elephants hired, etc , should 
be reduced to the absolute minimum. The average cost for oil 
may be calculated at Rs 6 per standard para. Mr. Ramachandra 
Row recommends the use of kerosine oil for the outside proces- 
sions. This cannot be done. 

24. In some Devaswoms, it is the practice for private 
individuals to bear the charges for the festival on certain days of 
the uliavam. These are known by the name of almssus. Some 
of these persons satisfactorily perform their ahanus, while others 
omit to do so. The Sirkar now generally conducts the ahasita 
which private individuals omit to perform, and it realises the 
cost from the allowances, if any, due to the individuals from the 
Devaswom, so far as that could be done, the irrecoverable 
balance being debited to the Sirkar. The Government consider 
that in future, the Sirkar should not ordinarily conduct an ahaisus 
which a private person has been conducting but has since ceased 
to do; but if, however, in any case, the otiossi* is considered an 
essential portion of the ulsavom and the Sirkar fias therefore to 
do it it should be done ae economically as possible. When 
there is an allowance given to a person who has to conduct an 
ahassu, the expenditure should not ordinarily exceed that 
allowance. 

25. All services formerly done by the Vtruthtkars or Grams- 
kars for the tttsavoms and other occasional ceremonies in the 



427 


Devaswoms, are now mostly done by contractors* The Govern* 
ment have already, in their Order No. 4280, dated the 4ih 
November 1909, empowered the Peishkars to give these services 
on contract* The services will continue to be done on contract 
infuture also. 

26. (v) Mtttor Devastoomi^ The Minor Devaswoms are 

now being maintained %viih the lump allotments in money and in 
kind fixed for them in 994 M. E. No separate exists in a 

Minor Devaswom for each ceremoney. Mr. Ramachandra Row 
does not suggest any enhancement of the pafhwus of the Minor 
Devaswoms, as they had no lands of their own at the time of the 
assumption! The Government agree with Mr Ramachandra Rao 
that the existing lump may be continued to the Minor Deva- 

swoms without change, (hat is to say, what is now given in kind 
and in cash may be continued in kind and in cash in future also. 

27. There are some Private Devaswoms not under the 
managements of the Sirkar, but receiving granls*in*aid from the 
Government. These are now erroneously classed under the 
head of Minor Devaswoms. A list of Private Devaswoms 
erroneouly classed under the Minor Devaswoms should be pre- 
pared and submitted to the Government by each Peishcar* 
The Government consider that Private Devaswoms should be 
separated from the purely Sirkar Minor Devaswoms and the 
allotments now given to the former included under the head of 
* grants to private Devaswoms *, These grants should be fixed 
wholly in cash, calculating the existing paddy allowance at 14 
chs. per para, as recommended by Mr. Ramachandra Row. 

28. When dealing with the Minor Devaswoms, 
Mr. Ramachandra Row animadverts on the practice of Tahsildars. 
drawing the paihivu allotments for Devaswoms which have long 
ceased to exist, or where the Btmbsm Is missing, or where the poo/tc 



42S 


is not actually iperformed. He states that most of the Tahsildars 
failed to supply him with information on this matter. But from 
what information he had, Mr. Ramachandra Row found that in the 
Nedumangaud taluk alone, there were fourteen temples where no 
^o^ja was being performed. He therefore proposes that an actual 
inspection should be made of all the Minor Devaswoms by res- 
ponsible officers in order to see for which of them alone allot- 
ments should be made in the revised pathivus In the Eighth 
Session of the Assembly, Mr. Subramonian Moothathu, Member, 
Thiruvella taluk, alluded to the practice of drawing the paihiw 
allotments for the Devaswoms where nopooja was being actually 
performed. He has also since furnished a list of such Devaswoms 
in the Thiruvella taluk. The Government consider that the 
Peishcars should at once arrange for the inspection of all the 
Minor Devaswoms in the State and report the names of those 
where the allotments should be stopped owing to the non-existence 
of the temple, or of the Btmhom, or the discontinuance of the 
Pooja for a long time, or the inaccessibility of the place, etc. 

29. (vi) Devaswoms kept out of tht gentral accounts Reference 
has already been made to the few Sirkar Devaswoms whose 
receipts and expenditure are now kept wholly separate from the 
general revenue and the general expenditure of the State. Most 
of these Devaswoms have personal deposit accounts vvith the 
■ treasury. Hia Highness' Government consider that this system 
should not be disturbed. The pathtvus for these Devaswoms 
need not be altered unless in any case it be found necessary to 
revise the scale of expenditure so as to bring it within the revenue. 
The Account Officer is requested to report what rules ^ are in 
force, or are proposed to be enacted; to secure an efficient audit 
of the receipts and expenditure of these Devaswoms. 

30. {y\\) . Extraordinary ceremonies. The principles on 

which the pathivus for the ordinary ceremonies for the several 



classes of Devaswoms should be fixed have been indicated supra. 
As regards the extraordinary ceremonies, the pathwu for each wil] 
generally depend upon the nature of the utmitham or the reason 
for the ceremony, and the importance, custom, usage and pre- 
cedents of the Devaswom The principles which should be 
observed in fixing the Pathtvus for these ceremonies will be indi. 
cated in detail when the Government deal with the third part of 
Mr. Ramachandra Row’s report, namely, that on Purificatory 
Ceremonies. There are however two points which immediately 
concern the administration of the Devaswoms and which have to 
be dealt with here. 

81. (1) Recovery of the cott of Sudh^s, Pollution Is some- 

times caused to a Devaswom by an act or omission of a private 
individual or of a Sirkar servant. When a pollution is caused, 
the performance of a purificatory ceremony becomes* imperative 
and, as the matter js generally urgent, the Sirkar is obliged to 
have the ceremony performed by advancing the amount required, 
the amount so spent being recovered later on from the defaulter. 
Though it may be possible, in the case of a Devaswom subordinate, 
to realise the amount from any sum due to him as pay etc,, yet 
the pay may sometimes be too small to admit of that method 
being always adopted ; also, the procedure is obviously inapplicable 
to private individuals. The Sirkar could, in the case of the latter, 
recover the amount only by a regular civil suit. This is not only 
a laborious process, but, by the time action is taken through the 
Court, the party at fault gains sufficient time to evade the liabiliiy. 
Further, in some instances, the amount involved may ‘be too 
small to go through all the procedure required for claiming it in a 
Court of Law* In the result, the Sirkar has to forgo the amount 
and in this way, large amounts are now being annually written off 
the^accounts by the Government. It is probably necessary, as 
suggested by the Peishcars, to introduce a summary procedure to 
recover charges like these from the defaulters under the Revenue 



430 


Recovery Regulation. The matter will be further considered m 
the Legislative Department. 

32. (2) Relation of the Taniries to the Devaswoms Another 
matter which deserves mention here is the relation of the Tanirus 
to the Devaswoms. The Tantnes are the Chief Priests of the 
Devaswoms. The right to a tantram is ordinarily hereditary or 
karanma to a particular family. A family holds the tantram in two 
ways, either because it has been enjoying the privilege for a long 
time, or because it has received it by a Royal Meet. Tatitnes are 
limited m number, and many of them hold the tantram ol several 
Devaswoms A list of the existing Tantnes and the Devaswoms 
over which they have the tantram at present, should be prepared 
and submitted to the Government by each Peishcar. 

33. The Tantnes do not officiate in the daily services 

except in a few important Devaswoms, They officiate for the 
utsaooms and other occasional ceremonies and for the extraordi* 
nary ceremonies. For each extraordinary ceremony, the Tanthn 
forwards an estimate or prepared for the occasion. An 

examination of the iiadttharoms has brought to light startling 
variations in the nature of the services, the quantity of provisions^ 
and the dakshina or remuneration due to the Taniri, for not only 
the same ceremony in different Devaswoms, but even for the 
same ceremony in the same Devaswom but on different occasions. 
In short, the seem at present to follow no principle 

of any kind ; they vary according to the Devaswom, the occasion, 
and the view of the particular Tantn who sends the tadttharom^ 
Some Tantnes have, in the past, attempted to arrogate to 
themselves the exclusive right of fixing the Mdttharom finally, 
so much so, that they would even at times refuse to perform the 
services unless their estimates were sanctioned unchanged. The- 
Government have, in some instances, in recent years, been 



431 


obliged to threaten Tanines with removal. His Highness' Govern* 
ment wish it to be distinctly understood that a Tantn, so long 
as he holds the tantrom in a Sirkar Devaswom, is as much 
subordinate to the control of the Government, in so far as that 
work is concerned, as any other subordinate of the Devaswom, 
and he is bound by any roles appertaining to his position, which 
the Government may lay down If a Tanert fails to realise this 
and if he acts in a manner obnoxious to the Government, he is 
liable to be removed in the same manner as any other subordi- 
nate* Every ^adttharom for an extraordinary ceremony received 
from a Tantrt should, in future, be subjected to the most 
scrupulous examination m the Taluk and Division offices, with 
the help of precedentSi and also of other Tantnes, if necessary, 
before it is submitted to the Government, All variations should 
be noted, and the explanation of the Tantn who drafted the 
iiadtlharom should be obtained on each variation before his charges 
are admitted. No communication should, in future, be made 
by a Devaswom subordinate to a Tixuitt direct. All matters 
requiring a reference to the Tantrt should be reported to the 
Tahsildar of the taluk, who after satisfying himself of the need 
for such a reference, should take the necessary action. 

34. In regard to the anubhavom or renumeration given to 
the Tantrt, the Government note that, m some Devaswoms, he 
gets remuneration only for the occassional or exraordinary cere- 
monies* while in others, he is also given a monthly allowance 
The remuneration is sometimes in kind and sometimes in cash. 
The allowances formerly disbursed in kind have, since the 
abolition of the taxation in kind, been mostly commuted into 
cash at the rate of 1 1 chs. per para of paddy. Complaints have 
been made by several Tautrtes in regard to this matter, and it is 
therefore necessary to lay down definitely how the allowances 
should be disbursed in future. All allowances which formerly 



432 


were given in kind, should, as a general rule, be converted jnto 
cash payments, paddy being calculated at 14 cbs. per para and 
rice at lO fanams per para. For provisions, a value in cash should 
be taking into account the articles allowed in each case. 

Exception should, however, be made in the case of allowances m 
kind given to the Tantn from the tuvedyom, Uezheedu and other 
articles given after use in the Devaswom and the ixtk^srcha for the 
utsavom and other occassional and extraordinary ceremonies 
These latter may be continued to be given m kind* if the Taniu 
is present at the spot. The Peishkars should submit, for the 
sanciion of the Government, statements showing the existing 
allowances to the Tantnet and the patht^u m cash to be fixed in 
lieu thereof. 


IV, Santktkars. 

85. The ordinary ceremonies in the Devaswoms arc con- 
ducted by the Sanihtkars or Peojariet. His Highness* Government 
have already passed final orders regarding in G- 0. 

No. 5067, dated the fourth October 1911. The G. 0. is appended 
to this order. It will be noted therefrom that the system of 
adtyara and of auctioning the santht service for a fixed term have 
been ordered to be abolished, and that rules have been laid 
down for the choice of Sanihtkars and also as to bow they 
should be remunerated. Action should be taken in the matter 
accordingly. 

V. Devaswom subordinates, (httr duties and responsibthUss. 

36. As already stated, the Tahsildar is the head of all 
the Sitkar Devaswoms in the taluk, and all Devaswom subordi- 
nates should be made to recognise him as such. Under the 
orders of the Tahsildar, the actual management of a Major Deva- 
swom is looked after by an officer designated variously as 
Manager, Anavat, Srtkariakaran, Vichartppukaran^ Koimma, Manu- 
shyow, Samudayom, etc, according to local usage. The Devaswom 



433 


■servants are all ander the Manager's orders. The sobordlnatCg 
consist of Sthanahanakkus-, AiatHykanaikuSt Rluthaipidies, Chandra- 
karanst • PUlanvsrs, tiasap^adies etc. In important Devaswoms, 
there are several subordinates; but in the smaller ones, only one 
or two. There are also persons who perform various mental ser- 
vices in the Devaswoms, such as Kazhakaiiars, Kangams^ Vadyakars^ 
AchimarSt Kavalkartt Sandal-i>ret>arerMt Umbrella-bearers, etc. Most of 
the Devaswom subordinates are remunerated in kind from the 
ttfvedyom cooked rice and the namaskarom food. Some of the 
subordinates had formerly meals in the adjacent Outtus and also 
allowances in paddy or rice from the same source. After the 
revision of the patkivus for the Oottus, however, the latter kind of 
remuneration is generally given in cash and debited to the Deva* 
swoms. A few of the Devaswom subordinates have small 
monthly pay in cash. Some of the services are baranma, i. 
hereditary to certain families. Some of the persons had formerly 
heen granted landed properly or thiruppuvarom for the perfor- 
mance of the services. For some serviscs, the men are appointed 
by Tantris oT Sthanies, soch as the Tbarananallur Namboorlpad, the 
Vanjipuzha Chief, the Tbekkadathu Bhatlathiri, etc. Mr. 
Ramachandra Row points out that these latter, viz-, the persons 
appointed by the Tantnes, etc., are not generally obedient to the 
chief officers of the Devaswoms. He also says that, in many 
instances, the properties given for services in the Devaswoms have 
been alienated by the holders, and that, in the settlement, the 
viruti lands have been converted into Patiom, Mr. Ramachandra 
Row also refers to the system of levying the adyara or fee for 
holding a menial rervice in a Devaswom and be proposes the 
abolition of the system in view to the very poor pay the men get. 
Mr, Ramichandra Row considers it impracticable to raise the 
remuneration of the Devaswom subordinates wholesale, but he- 
•would readju'it the number of hands. He thinks that the number 



435 


should be treated as belonging to ‘establishment*, by whatever 
other designations the men may be known according to local 
usage, provided that the appointments are not held on laranma or 
hereditarj tenure, and provided also that the men are paid tncath 
by the Government All other servants cf the Dcvaswoms will 
be paid from the ‘ contingencies’ and will therefore be non- 
pensionable 

39 The Government would again reiterate that the 
Tabsildar should have compicu control over all classes of Deva- 
swom subordinates in his taluk« He should have the power to 
appoint, grant leave to, dismiss, or otherwise punish such sub 
ordinates, consistent with the general powers vested in him by 
the Government, provided that tne appointments are not, 
according to local custom, made by the Palace, or by Tanirtes oc 
Siamest and provided also that no karanma holder shall be 
deprived of bis service ivithoat the sanction of the Government 
While the Government do not wish to interfere with the patro- 
nage which certain Tanirtes and StUantes now er jo>, of nominating 
the men for certain services in the Bevaswoms, they wish it to oe 
clearly understood that the Tahsildar has as much control over 
such men as if the men had been appointed by the Sirkar direcij 
and hence, if a subordinate so appointed misbehaves, the 
Tahsildar should punish him in the same way as he would punish 
a subordinate appointed by the SirLar direct Where the punish 
inent involves removal from the appointment, the nominating 
authority may be asked to make a fresh nomination 

40 It is, in the opinion of the Government* obviouslj 
impracticable to give a wholesale increase to the pa> of Beva- 
sworn subordinates But some reduction may be made in the 
number of hands where It IS excessive, the savings being utilised 
for improving the pay of those retained It would also be 
ii“cessary to improve the pay of the chief controlling man or men 



437 


43. The Government have already sanctioned the 
abolition of the ad^era for most of the menial services in the 
Devaswoms — Vide Orders Nos. 4073 and 1864, dated the 4th 
Thalam 1085 and 527th Meenom 1037 respectively. The adyara 
will now be abolished also for those few services to which it still 
applies. In view to the relief given by the abolition of the 
adyara, adequate but (not excessive) security should be taken from 
such of the Devaswom servants as handle jewels, vessals and - 
money, but, from no others. 

44. There are some honorary appointments in certain 
Devaswoms, such as Suohindram, Thiruvettar, etc. which are 
enjoyed as haranma by certain families. The VaitapalU, Srtt. 
karanasthanom and Neyyarasthanam arc instances in point* These 
will continue unchanged as at present. 

45. The Government agree with Mr. Ramachandra Row 
that it is desirable to deBne the relations between the di^erent 
employees in the Devaswoms and to lay down clearly the duties 
and responsibilities of the men. In doing so, the acirarahanahku 
and other rules now in force, if any, and the existing practice, 
may be taken as a guide, but they need not be slavishly followed. 
There should be no hesitation in revising the rules of manage- 
ment where such revision is needed in the interests of efficiency. 

46. Every Peishcar should prepare and submit, -for the 
sanction of the Government, a statement (separately), for each 
Devaswom, showing the present staff, including the superior, 
inferior and honorary servants, their present duties, responsibili- 
ties and emoluments, and the proposed staff, their duties reponst- 
bilities and emoluments. In making appointments, the persons 
who have a karanma right to the service should be given tbe first 
refused. 



438 


VI Vazhivadm 

47. The offering to the Devaswoms made by private 
individuals are called vazhtvadus Those who perform the 
vaThtvadtis sometimes supply the articles required themselves in 
kind and sometimes pay for them in cash The vazhtvadu is now 
generally entrusted by the person offering it, to the Santhikaran 
or some other subordinate Sometimes, the party himself 
receives the ntvedyom^ and at other times, he leaves it to the 
Devaswom authorities to distribute it among the Brahmins or 
utilise It m whatever way they may choose. No account is 
generally kept for the vazhwadust nor ts any receipt given to a 
party who pays for one In some Devaswoms, the SantJukars and 
other servants have a right to a share of the utvedyom, in others, 
there is a share for the Sirkaralso These shares are known as 
kooru Mr Ramachandra Row says that there is much scope, 
under existing conditions, for misappropriation of the vazhtvadus 
In important Devaswoms, such as Vaikom, large amounts are 
entrusted to the Devaswom subordinate for Sadya, etc It is 
necessary that, in such cases, the conduct of the vashivadus should 
be properly scrutinised 

43 His Highness* Government consider that a separate 
register for vazhtvadus should be opened in every Major Deva- 
swom. Every person who pays for a vazhtvadu m cash, should 
pay the amount to the chief officer of the Devaswom, who should 
at once, enter the amount in the register and give a receipt 
for It He should then see that the xszzhtvadu is properly conducted 
Any vazhtvadu brought m kind may, at the discretion of the 
person offering it, be given to the Santhikaran who should have 
the tazhtvadu performed The chief officer of every Major Deva- 
swom should see that the mvtdyam if properly distributed and 
that the ^ooru, if any, due to the servants or the Sirkar, is du y 



439 


apportioned then and there. No koaru, whether it is for the 
Sanihtkars or other subordinate or for the Sirkar, should be claim- 
ed before the nivtdyam. This rale should apply equally to the 
ordinary as well as to the ©asAioadw nivedyoms. A statement of 
Aoor« now given should be submitted to the Government by each 
Peishcar. 

VII, Nadavaravus. 

49. Presentations or kantkkats are made to the Deva- 
swoms of coins, silver, gold, jewels, vessels, sikls, live stock, grains 
and various other articles. Some articles, such as fruit, sugar, san- 
dal, etc., are received as thttlabharoms. Again, in some places, a 
procession goes round to villages and houses for the collection — 
parayeedu — of paddy and other grains. Mr. Ramachrndra Row 
points out that there is no uniform system for collecting and 
preserving the kantkkats and other offerings in several Devaswoms, 
The offerings made by persons who are not privileged to enter 
the precincts of the Devaswoms are often given to other persons 
who could get in, and there is misappropriation. Mr. Rama- 
chandra Row proposes to have strong collection boxes kept 
outside the Devaswoms for the people to deposit their fcofjiAiais, 
He suggests that the offerings convertible into money should be 
auctioned once a week by a responsible officer and the sale 
proceeds credited at once. He thinks that the boxes should 
be opened publicly every day in the presence of respectable 
witnesses and the contents credited in the books. 

50. Hts Highness’ Government consider chat ttadavaravu. 
need a great deal more of attention than they now receive* The 
idea suggested ‘by Mr. Ramachandra Row of providing 
collection boxes is a good one and may be adopted in all the 
larger Devaswoms. The boxes should be opened once a week, 
the contents examined publicly and credited in the accounts 



4A0 


regularly. Where, ttadavaramts are in current money, the credting 
is easy. Where, however, they consist of uncurrent coin?, gold or 
silver, grains or non-perishable aticles, arrangements should be 
made for these being auctioned at regular intervals and the sale 
proceeds credited in the accounts. All perishable articles such as 
fruit etc,, should be disposed of at once and the proceeds credited. 
As regards live stock, orders have already been passed by the 
Government in their No. 2013, dated the 23rd Edavom 1086, that 
the cattle received as offerings in all Devasvvoms, except those 
noted marginally, should be auctioned. The cattle need not be 
given to the persons who supply milk, even where the latter bad 
been the practice hitherto, because milk, like other provisions, will 
hereafter be obtained on contract. Jewels, vessels and other arti- 
cles received as nadavaravu, which are of use in the 
Devaswom, need not be sanctioned, but they may 
be utilised after being entered in the register of 
articles belonging to the Devaswom. The Tahsll* 
periodically, and at least once in a quarter, check in 
detail the nadav^ravu accounts of all the Major Devaswoms in his 
taluk and report the result to the Peishcar. 

VIII. Thiruvabaranam, Bharanipsiram and Pattuparuvaiiom. 

51. The jewels, vessels, vafta«(n»,5, etc., in the Devaswoms, 
should, Mr. Eamachandra Row says, be divided into two classes, 
viz., those which are required for daily use, and those which are 
wanted only for special occasions. He proposes that the former 
should be entrusted to the persons who deal with them daily, the 
latter being put In charge of higher officers, security being taken 
according to the value of the articles. Mr. Ramachandra Row 
points out that, in some Devaswoms, the custodians of the jewels 
hold their office hereditarily. He suggests that, in those Deva- 
fiwoms where the ornaments etc., should be kept ivitbin the 


Sachindraa 

Kaoftiakuniarl 

Thiravattar 

Varkala 

Neeshcr 

AffibaUpaabta 


dar should, 



441 


sacred precincts, strong rooms should be built for keeping them. 
He proposes that all useless jewels should be removed to the 
Trivandrum Major Treasury, the rest being preserved in the 
treasuries of the taluks. All unused jewels, except those which 
deserve preservation as works of art or as of superior value, may 
be sold and the proceeds credited to tbs Devasworas. 

52. In the Conference of the Peishkars, the points di- 
scussed were (1) the location of je^vels, (2) the custody of jewels 
(3) the verification of jewels, and (4) the disposal of jewels. Most 
of the Peishcars agreed to the suggestion of Mr. Ramachandra 
Kow that the jewels should be kept in the taluk treasury, m iron 
safes or strong rooms, that the jewels (except those for daily use 
which alone should be with the Slelsanlht) should be in the 
custody of responsible Deva<>wom officers, who should furnish 
security, that they should be annually verified by the Pcishkar 
with the assistance of the Tahsildar, and that useless jewels should 
either be sold or converted into useful ones 

53. His Highness’ Government consider it necessary that 
jewels, vessels, vnhanoms, etc., should be divided into those which 
are of daily use, those which are used on special occasions in the 
year, and those which are used. The articles comprised in 
the first class have to be kept in the Devaswom ; arrangements 
Sihould be made (or providing safes (or the purpose and security 
should be taken from the custodians The things wh'ch are used 
only occasiefial/y, should generally be kept in the taluk treasury, 
under the joint locks of the Tahsildar and the responsible Deva- 
swom officer This may involve some additional work by svay of 
taking the articles out for use and pulling them in afterwards But 
this cannot be helped. The third class of articles, vjx , those which 
ore nercr Qsed, may be sold, or sent for safe custody to a Major 
Treasury in the State and be kept m such treasury under the joint 
locks of the Tahsildar of the taluk to which the Devaswom belongs 



443 


temples. He points out that the objection raised against the 
removal of the cash to the treasury has neither any aulhority 
nor reason to support it. His Highness* Government have already 
passed orders on the point in their No. 2879, dated the 12th 
Karkadakam 1086* It is not necessary to remove the" money 
from the temples, but there is no objection to meet the 
expenditure for the temples from it. 

IX. Repairs and reconstruction of Devasxoom buildings. 

55i Mr. Ramachandra Row says that, in a very large 
number of Devaswoms, both Major and Minor, the buildings re- 
quire a great deal of repair, and in numerous cases, thorough^ 
reconstruction is absolutely needed. He points out that, in as 
many as 404 Devaswoms, even the calls for elaborate 

repairs, the estimated cost of this alone being Rs. 4,33,882. 
In many Devaswoms, the naJampaJotn, the thtdappaiu and other^ 
appurtenant buildings are xn a very sad state of disrepair, 
and in some cases there are vestiges of what were once 
substantial buildings> Mr Ramachandra How advises that the 
temples requiring repairs to the Srtkovil be taken up first, and be 
suggests that every year a few temples be taken in hand and the 
tfforft computed, as delay in the completion of a work involves 
additional expenditure in the shape of purificatory ceremonies. 
Mr. Ramachandra Row also suggests that all superfluous buildings 
be pulled down. He deplores the want of annual maintenance 
{oF the Devaswoms and points out that, in many Instances, timely 
attention to a slight leakage might have saved heavy expenditure 
for repairs. He also saggests that the estimate of a maramath 
work in connection with a Devaswom should also include the 
cost of the necessary purificatory ceremonies. 

56. The subject of repairs and maintenance of Devaswom 
buiildings was discussed at some length at the Conference of the 
Tcishkars. The Feishkars admit that the Devaswom buildings 



^44 


generally have been much neglected in the past. They are for 
providing separate allotments for outright repairs and for annual 
maintenance They accept the suggestion of Mr Ramachandra 
Row to lay out a definite programme The Peishkars generally 
think that the appointment of a seoarate agency for the repair of 
Devaswom buildings would effect the repairs more rapidly than 
otherwise. 

57 His Highness* Government recognise with sorrow 
tnat the condition of Devaswom buildings generally all over the 
State IS very far from satufactory. They feel bound to add that 
the Peishkars and Tahsildars cannot be absolved from a substan- 
tial share of the responsibility for this state of affairs. These 
officers have, in the past, been showing a culpable volume of 
indifference in carrying through Devaswom maramath works 
The object of maintaining the Maramath Department as a sepa- 
rate one has been mainly the conservation of religious and charit- 
able buildings The Maramath staff in the State is by no means 
a small one Every Division has an Overseer, a Draftsman 
and a large number of Aminadars There is also a Maramath 
Sub-Engjneer, with an establishment, attached to the Huzur 
Office For expert advice on temple corstruclion etc , there is a 
Thaichusasrapartsodhakaft The Government would not grudge 
sanctioning funds if they could have the asrurance that the allot 
ments will be fully and properly utilised But the weak point 
of the Maramath administration has been that no large work 
ever really gels finished, and that new works are undertaken, 
sometimes most unnecessarily, and the funds needed for finishing 
the old works are diverted to the new ones There are numerous 
Devaswom works still m the most incomplete stage, even though 
the works had been commenced long ago. Instances in pomt 
are the works in the Cbengannur, Mukathala, Vettikkavala, 
Mampazhathura and Thiruvella temples in the Quilon Division, 
Thiliyil, Thidanad, Tirkkakkara, Parappadom and Elankavfl 



445 


temples in the Kotlayam Division, and Kazhakuttam, Thonnal 
and Pirappancode temples, in the Trivandrum Division. Had 
the Peishcars taken up these and other similar works in time 
<ind completed them, a number of important temples would have 
come into good condition long ago. The Government would 
impress upon all Peishcars and Tahstldars that no real improve- 
ment in the condition of Devaswcm buildings is likely to take 
place unless the out-turn of work in the Maramath Department 
improves considerably in quality as well as in quantity. Every 
Peishcar will now arrange for every Major Devaswom in his 
Division being thoroughly inspected at an early date and submit 
a fall report thereon. The condition of the main and subsidiary 
buildings of each Devaswom should form the subject of a separate 
communication. When the reports for a Division have ail been 
sent up to the Government* the Peishcar concerned should frame 
a programme of action and submit it for the approval of the 
Government. The Maramath Budget of each Division, so far 
as Devaswoms are concerned, will hereafter be split into tv/o 
sections, one section being for carrying through the w orks included 
in the programme submitted by the Peishcar and passed by the 
Government, and the other being for the maintenance of all the 
Devaswom buildings in the Division. In regard to all large 
works, the policy should be not to have more than five or six at 
a time in a Division. Those once begun should be completed 
before new ones ara taken on hand- The programme for each 
Division should be so framed that the thorough repair of all the 
Major Devaswoms m it should be completed, say, within the 
next ten years. When reconstructing or renovating temples, care 
should be taken that their architectural beauty is, as far as 
possible, preserved. There should be no hesitation in removing 
useless out-houses, and the construction or renovation of .subsu 
■diary buildings should be strictly confined tJ the i>at s^’aciion of 



proved wants A compound wall should ordinardy be deemed 
a sttic qua non of a temple so as to minimise the risk of pollution 
and consequential expenditu'-e on purificatory ceremonies 
Wherever enclosure walls exist, the annual maintenance should 
provide for their being kept in repair, and wherever there are 
none, temporary or ka^ala walls may be orovided until replaced 
by permanent walls The funds needed for the purificatory 
ceremonies consequent on the repairs or renovation of the 
Devaswom buildings are now not included in the estimates 
for such works, but they are charged separately under Pevas 
worn expenditure In future, the estimate for a Devaswom 
maramath work should also include the amount requtrea for 
the purificatory ceremonies for the same 

X Manufacture and reftaxr of vessels 

58 Mr Ramachandra Row proposes that a sum should 
be set apart annually lor repairs to the Devaswom vessels A.n 
amount is usually provided for this purpose in the Devaswom 
Budget But what is wanted now is that the Tahsildar should 
examine the vessels available m each Devaswom and up 

separate lists of the serviceable and the unserviceable vessels 
The latter should be either repaired or disposed of in auction and 
new ones supplied In some Devaswom®, there are faf more 
vessels than necessary while mothers, not even the most necs«ary 
ones exist It should be possible to distribute the excess vessels 
to the Devaswoms which stand m need of them 

XI Nandavanams 

59 Vandavanoms are flower gardens attached to the Dev a 
swoms Most of these are m a neglected condition Mr Rama 
chandra Row says that some have been converted into cocoanut 
gardens He proposes that a correct list of nandavanoms should be 
prepared This proposal is approved by the Government The 



447 


Peishcars should arrange for correct lists of nandavanoms being pre- 
pared, showing their survey numbers and their extent. The lists 
should also contain information as to the staff now employed for 
work in them and proposals for revisioni if any. The Govern- 
ment consider it necessary that the na«rfrtro«omj,*where they exist* 
should be improved so as to secure a supply of the flowers needed 
for the Devoswoms. 

XIU Miscellaneous items- 

60. There are some miscellaneous items connected with 
the Devaswoms which deserve attention. They are (U Kaitalats^ 
(21 kufhucoolyt (3) ktezhtedu and upayukicm% (4) elephant charges- 
(5) arihapalisaandjenmibhagottit (6) ona alavu, (7) pensions and aJlcu!- 
ances, and (8) vastrapanom and sithianudama, 

61. {\) Kattalais- Mr. Ramachandra Row says ’that the 
various kattalats in Suchindrum and other temples, which are 
private charities, are now in the charge of private individuals* 
He suggests that the people should be engaged to entrust the 
execution of kaitaiais to the Devaswom Departments. The 
Government, however, feel that they should leave the katialais 
alone* It is the private persons to make their own arrangements 
and the Government would put no pressure on them to hand 
over their funds to the Devaswoms. 

62 (2) Kuthucooy. Mr. Ramachandra Row points out 

that It is the practice in several Devaswoms to have ihe paddy 
pounded by certain servants of ihe Devaswom and to supply the 
rice for the ntvidyom. This practice, he says, does not seem to be 
based on any record. The pounding charges given are, he thinks, 
unduly high. The rate for commuting paddy into rice now 
obtaining in the Devaswoms is stated to be 5 to 2, that is. for 
every 5 edangazhies or paras of paddy, 2 edangazhies of paras of 
rice alone will be supplied, while, in private transactions* for 



448 


every ten edangazhies of paddy, 5 edangazhies of rice will be 
supplied. Mr. Ramachandra Row also says that the assumption, 
that the rice supplied by these privileged classes of servants is 
superior to what is supplied otherwise, fs untrue.* The Govern- 
ment find that, in some Devaswoms, the supply is in form of 
paddy, while in others, it is in the form of rice* In large Deva- 
swoms such as Vaikom etc., where local sentiments requires that 
the supply should be m the form of paddy, to be converted within 
the temple premises or by certain privileged classes into nee, that 
practice should continue in future also. In other Devaswoms, 
where there is no such sentimental objection, it would certainly 
be preferable to get the contractor to supply rice instead of 
paddy. Where the pounding charges are excessive, there should 
be no hesitation in getting them reduced. Every Peisbkar should 
submit a list of the Major Devaswoms where the supply should be 
in paddy, and another list where the supply may be made in rice. 
In the former case, it should be slated what reasonable charges 
should be fixed for the conversion of the paddy into rice. 

63* (3) Keezheedu and upayuktorn These are paddy and 
rice used for kalasows and other ceremonies. Since the commuta- 
tion of the tax in kind into cash. It was ordered that only the 
commutation rate could be given for keezheedu and uPaynUoin The 
Government have recently cancelled that order and ruled, vtde 
No 55^6, dated the 16th Vrichigom 1087, that keezheedu ani 
upayukiom should be disbursed in kind 

61. (4) Elephant charges - Government have already 
ordered in their No. 4240, dated the 8th October IQH, that 
except for Devaswoms where there is constant use of elephants 
for processionst the policy should be not to purchase elephants, 
but to hire them for the occasion. Before hiring elephants, fur 
any occasion, it should be made certain that Sirkar elephants 



449 


could not be procured for the purpose ; only as 'many elephants 
as are abtolutely necessary should be hired. 

65. (6) Arihapalita mnd jenmibhogom. These are certain 
payments made to private individuals from Devaswoms, the 
origin of which is not traceable, but is believed to be due as 
Stnmibhogom and interest on money lent at some former time* 
These payments are made now some in kind and others in cash. 
All payments like arihaPalUa and jtnrtubhogom from Devaswoms 
shouldi as far as possible, be converted into cash and be debited 
to the Devaswom Budget under the minor head ^miscellaneous'- 
A list of persons to whom such payments are now made, with 
the amount in each case, should be submitted to the Government 
by each Peishcar. 

66* (6) Ona There arc certain gratuitous distributi- 
ons of paddy called aiaou on the Thiruvonant day in some Deva- 
fiwoms. Mr. Ramachandra Row points out that, in Aranmula, 
for instance, several hundreds of paras of paddy are distributed 
in doles. These gratuitous doles may, in the opinion of the 
Government, be considerably reduced without causing hardship 
The Petsbears should make out statements of the Devaswoms 
where ona alavu or similar doles are given at present and submit 
the same to the Government with proposals as to what quantity 
is absolutely needed in each case. A similar payment for 
kudiviUom at Sucbindrum has already been stopped-vide Order 
No. 1103, dated the 6th Karkadagom 1033. 

67. (7) Pensions and attewances. There are certain pensions 
and allowances given to ex.Ooranmakars and others from the 
Devaswoms. These should, in all cases where they are now 
given in kind, be converted into cash at 14 chs. per para of paddy. 
The Peishkars should submit statements showing the allowances 
and pensions now given, with full particulars. 



ABO 


68 (8) Vmtrapanomand stiftyatiudama. There are allow- 
ances given to the Swamiyars from certain Devaswoms These 
will continue to be given in cash* A list of the Devaswoms where 
these are given, with the amounts in each case, should be 
prepared and submitted to the Government by the Peishcars* 

Xfll Srtpandaravaga 

69 The foregoing orders do not refer to the mo«t 
important temple m the State, viz that of Sripadmanabha 
Swami at the Capital As DewanMr. Seshia Sastri has explained 
** It has a government of its own unconnected with the State ” 
The properties of this temple, both landed and otherwise, are 
now kept outside the genera! accounts of the State The super* 
vision and management of this temple rest with His Highness 
the Maha Raja personally. Contributions are however made 
for several purposes to the temple from Slate funds Such 
contributions, from whatever source given, will now be consoli* 
dated and separately shown under SrtpaiideroKtga An accurate 
and full list of the contributions should be prepared by the 
Fcishcars and submitted to the Government 

XIV Contributions iormerly made from the Oottus 

70 It has already been ordered in G 0 No l748, 
dated the 11th Mav 1909, that all expenditure formerly incurred 
for Devaswoms from the Oottus should be debited to the head 
of ‘Devaswoms ’ These items should now be added to the 
appropriate heads under ‘Devaswoms' m revising 'the pathivus 
of the latter. 

XV Grants to Private Devaswoms 

71 Grants are now given Jo certain Private Devaswoms, 
both within and outside the State Grants are given, in some 
cases, for the derformance of vazhivadus, miyamdanotn and other 
ceremonies, and in others, for repairs and renewals of Devaswom 



451 


bnildings. The grants for vazhhadus etc , should continue, beinff 
however, as far as possible, fixed in cash, on the basis of the 
actual expenditure for the last three years. As regards grants 
for the repairs and renewals of Private Devaswoms, His 
Highness’ Government feel that, in view to the very unsatis- 
factory condition of the buildings of Sirkar Devaswoms generally, 
and the large outlay that will be soon necessary for the thorogh 
repair and reconstruction in several cases of these buildings, the 
practice of subsidising Private Devaswoms should cease, and the 
Government are therefore pleased to cancel the Rules dated the 
19th Mithunam 1035. 

XVL DBvasvom Budget and Accounts, 

72. The detailed heads of receipts and expenditure 
under ‘Devaswoms* have alredy been settled by the Government 
as below: — 

Receipts, 

I. Ayacut Revenue from Devaswom lands 

II. Offerings 

III. Receipts from Sripandaravaga 

IV, Miscellaneous 

(1) Sale proceeds of old materials and stores 

(2) Sale proceeds of surplus provisions 

(3) Other items 

Expenditure. 

I. Establishment 

U. Travelling allowances 

III* Contingencies 

A. Major Devaswoms 
(i) Nitynidanom 
(li) Masaviseshom 



453 


•ules, however carefully framed, can achieve good results unless 
he machinery of the administration works willingly and 
'fficiently. It will be seen that the Government have given very 
nil consideration to the nnmerous (some of them undoubtedy 
iifficult) questions raised in Mr Ramachandra Rows' report. As 
ar as possible, the Government have, in these orders, given 
’ 'all and explicit directions as to the lines on which the Peishcars 
and Tahsildars should proceed. The Government feel that they 
cannot go much beyond that. The duly of carrying out these 
orders would lie on the Peishcars and Tahsildars, and it is 
earnestly hoped that all officers concerned will rise to the occasion, 
realise their responsibilities, and do their best towards placing on 
a thoroughly sound footing the administration of one of the most 
important Depatments In the State, which, be it said with regret 
has not received in the past that attention which it deserved. 

76. His Highness' Government also feel it due to the 
late Mr. Ramachandra Row to express once more their high 
appreciation of the good work done by him in investigating into, 
and reporting upon, the condition of the Religious and CharitxWs 
Institutions of the State. But for the very valuable report o’ this 
officer, whose premature death is such a great loss to the Public 
Service, it would not have been possible for the Goreement to 
have dealt with the complicated and difficult guestions Maaseted 
with the administration of theseinstirutfousf^*^* have 

done. 



APPENDIX IV 


PROCEEDINGS OF THE 
GOVERNMENT OF HIS HIGHNESS THE 
MAHA- RAJA OF TRAVANCORE 

Read again — 

(1) G O No L. R. 5208, dated the 22nd July 1906, 
ordering the commutation into money of the paddy allowances 
of all Santhtkars at the rate of 11 cbs per para , 

(2) Sadhanom No L R 7463, dated the 12th August 
1607, raising the commutation rate to chs. 14 oer para in regard 
to the lUUanthikars of the Sucbindrum temple , 

(3) Sadhanom No D 83, dated the 25th Dhanu 1084, 
raising the commutation rate to chs. 14 per para in regard to 
the So^Aifcars of the Thiruvarpu temple , and 

(4) Sadhanom No D 3981, dated the 29th Kanni 1085, 
raising the commutation rate to chs 14 per para in regard to the 
Satithtlars of the Thiruvaloor temple , 

Read also — 

(5) the report of Mr K Ramachandra Row on Deva* 
swoms, paras 63 to 66 , 

(6) the Proceedings of the Conference of the Peishcars 
held from the 10th to the 14ih August 1908 , and 

(7) the Minutes of the Conference of the Peishcars held 
on the 24th September 1909 





Order thereon. No. D. 5067, dated Trivandrum, 4tw 
October 1911. 

In connection with reorganisation of the Devaswoms, one 
of the important questions for orders is the position and emolu- 
ments of the i>‘anthikars of the Devaswoms* From the returns 
furnished by the Peishcars, it appears that there are 1,408 
Santhikars distributed among 892 Devaswoms. According to the 
conditions of their tenure, the Santhikars may be classified as 
below .* 7 - 

f „ f Paying a fired adyara 

1 Karanma -{ 

I ^Paying no adyara 

Santhikars 

1 f Paying no adyara 

1 Non-Karanma“{ f por life 

L (.Paying adya'a-J. c- c - 

For a fixed term 

The Karartftta Santhtkars are those who hold the service 
hereditarily. The .«»« are those who hold the 

service, but not hereditarily. Among both classes of Sant/iifettr*, 
there are those who pay adyara and those who do not pay 
any adyara. The adyara is a fee levied from the holder of 

the service in consideration of the grant of the privilege of 

conducting it- The amount of the is, in some cases, fixed* 

but in others, it is variable The adyara is levied sometimes for 
granting the service for the lifetime of the holder, in which case 
It is called Purushantara adyara, or It is for a fixed term of years. 
Ti\e non karanma santhis which have no Rxed adyara zte usually 
put up to auction and knocked down to the persons who bid for 
the highest amount of adyara. The average annual revenue 
under the head of adyara Is Rs. 6,426. The santhis which pay 
adyara, but which are neither karanma nor purushantara adyara, 
are farmed oat for a term, sometimes for three, mostly for six* 
and rarely for twelve years at a time. 



456 


2 The Sanihtkars may also be classified, occordmg to 
the nature of the service they perform, into the Melsanihtes or 
the chief Poojaris, and the Ketzhsanthtes or the assistants to the 
former The substitute who attends to the service during the 
absence of a permanent Sanththaran is called a Mulusanth\karan 

3 Mr Ramachandra Row as well as all the Peishcars 
have expressed the opinion that the system of auctioning has 
demoralised the Santhtkars as a class, in so far as it has some 
times enabled persona without any rehgioua merit securing the 
service and ousting the really pious and orthodox As regards 
the levy of the ad^/ara, however, opinion is divided Mr Raraa- 
chandra Row considers that a system of fixed adyar^ may be 
tried. The majority of the Peishcars, however, thing tnat the 
aiyara should be abolished altogether, as being in the nature of 
the sale of public offices His Highness’ Government, after 
careful consideration, resolve that the adyara should be wholly 
abolished for all Santhtkars By relieving the Santhtkars of this 
unnecessary burden, the Government trust that the service will 
attract a really suitable class of persons, who can be relied upon 
to perform their duties satisfactorily It has recently been the 
policy of the Government not to sanction the auction of the 
santhts but to continue the holders of the service on the 
payment of an adyara-upakart or proportionate instalment of the 
adyara bid at the last auction There may however exist santhis 
whose term has not expired In these cases, the adyara already 
paid will not be refunded, but the holders will be allowed to 
continue to hold on until the expiry of the period for which the 
services have been auctioned to them 

4. No practical advantage will however result by the 
, abolition of the unless better qualifications are insisted 

upon for the SaKt/;ii«rs than are now pre'cnbed. On the propei 



457 


.performance of the santhi service rests the sanctity of the temple. 
It is necessary therefore to secure the best persons qualified for 
the service. The fitness of a person for performing the santhi 
service generally consists in the pure life he leads, the conscien- 
tious manner in which he performs the service, and the thorongh 
knowledge of the nature and details of the service he has to 
perform. In some temples, such as Suchindrum, the Sanihthars 
have to be chosen from a limited circle. The customs and usages 
of the different temples have of course to be adhered to in the 
selection of persons for the santht service. In view to the varying 
usages obtaining in the several temples, it is not possible to lay 
down at once a uniform test for determining the qualifications of 
the Sanikihars. At the same time, it should be possible to choose 
the best among those eligible for the service, in the Peishcars 
would take the trouble to do so. 

6. It has been explained that some taniUi services 
sire enjoyed as karanma by some families A family which has 
a subsisting karanma right to perform the service of a 

temple may continue to enjoy the right as heretofore, so long 
as it produces competent members for the due performance 
of the service. Service by proxy will not however be allowed. 
If the karanma family has no com^cfeni member to perform the 
service, the Government reserve to themselves the right to 
appoint a competent person for the 90111111 service until the 
karanma family produces a competent member, the competency 
being determined as in the case of the other Sanihtkars. Any 
alienation by the family, of its karamna right to the Santhi 
service, will determine the right, and the Government will hold 
the karanma family always liable for the irregularities of the 
member of the family who actually performs the service. The 
karanma Sanththarx will be subject to the same disciplinary 
control as the other Santhtkars, 



^58 


6 The Santhikars of some Devaswoms are by custom 
nominated by private individnals or bodies These private 
individuatH and bodies may continue to enjoy the privilege of 
nominating the Santhikars of such Devaswoms on the distinct 
understanding, (0 that the person nominated should be certified 
tn wrtiingt by the person or the body of persons nominating, 
as thoroughly conversant with all the details of the service he 
has to perform in the temple for which he is nominated and as 
otherwise qualified for the post , (2) that the nominee possesses 

good character, leads a pious and vydtk life and may be relied 
upon to conduct the service regularly and properly , (3) that, in 
case the nominee misbehaves or does not attend to the service 
properly or does anything detrimental to the Devaswom, the 
Government reserve to themselves the right to reject the 
nominee, if not already appointed, or to remove, or suspen 
or otherwise deal with the Santhtkarattt if already employed m 
the service , C4) that, tn the event of the nomination being dis 

approved by the Government or the Santhtkaran being removed 
as aforesaid, the person or body of persons who has the right 
of nomination should, on requisition being made by the Tab 
sildar or by any superior authority, recommend another prop'*f 
person, irrespective of any term which may have been granted 
to the first nominee (5) that, the person nominated should 
himself conduct the service, unlessjprevented from doing so by 

reason of illness, pollution, or for otner similar cause beyond his 

control, which should at once be reported to the lo^^^ 
authorities and leave ol absence obtained before quitting th® 
station , and (6) that, the Sanihikaran will be held responsible 
for the safe keeping of the jewels, vesselsi etc., in his custody, 
and he should deposit such security as may be determined by 
the Government 

7. In regard to the santhts usually filled up by the 
Government, the following procedure will be adopted — 0) 



4S9 


■months before sauthi falls vacant, the Peishcar should publish a 
notice in the Gazette, and also locally, calling for applicants 
and stating the qualifications needed for the post, the emolu- 
ments attached to it, and the security which will be demanded;! 
(2) all applications should be in the from prescribed in Form A 
attached to this order and should be accompanied by approved 
certificates of qualifications and* character ; (3) all applications" 
should reach the Peishcar three months before the post falls 
vacant; (4) the Pfeishcac should forward the applications* to the 
Government, stating his opinion as to who is the fittest person 
for the appointment; (5) if there are no applicants, the Peishcar 
should recommend to the Government a proper person for the 
vacancy ; (6) all aantlus hitherto usually filled up by the Palace 
will continue to be so filled up; (7) in the choice of candidates 
for sdnthtSi preference will be given to Malayala Brahmins, and 
among them to those who are natives of Travancore, provided 
they are, qualified to perform the service and also provided that 
the custom and the usage of the temple in which the sarnht is 
vacant do not forbid the appointment of Malayala Brahmins for 
the service* 


8. ’Certificates of qualification for satithis in temples, 
issued by the persons noted in the margin, will be considered 
1 Pafatavoor s«aroiy*r approved certificates They should "be 
1 ® appended to this order. 

4 KalpaVamangaiaiha Poll No Certificate should be iasued,’ unless 
6’?Z?dVSri',-p,»a.r.,h.,'>’e person issuing the certificute has 
7. Bhadravaii MattapalU cxammea the applicant in his 

o e. V , a knowledge of the details required for the 

N&mbori sa«ift»and is satisfied that the applicant 
3. p.»i>oom.Vjia Namt,»ri belongs to the caste or sub-division of caste 

ID Pudumana Namborl ' . ” 

1 1 , KatiuVoiNambun eligible for the service. Certificates of 

character, as per form prescribed in Appendix C to this erder^ 



460 


*s5ued by any Gazetted Officer of the Government, the Pakara- 
voor Peria Swamiyar, the recognised Tantries of the Devaswoms, 
and distinguished private gentlemen, like the Thekkedathu 
Bhattathiri, the Vanjipuzha Pandarathil, etc., may be accepted. 

9* As a general rule, no Santhikaran, except when the 
santhi is karattma to a family or given as purushaniara service 
will be continued in service for more than three years at a time. 
The Government, however, reserve to themselves the right to 
appoint a Santhtkar/tn for a longer term. A San*htkaran appointed 
for a term of years is liable to be removed before the expiry of 
the term for irregularities proved. 

10. It shall be the duty of a santhtkaran (1) to perform 
properly and personally, and at the fixed times, the 
other services according to the paihtvu and custom of the temple 
and generally to promote the sanctity of the temple which he 
serves ; (2) to undergo avorcdhom, reside in the sankitant and 
conform strictly to such other rules as are customary m the 
temple, (3) to give full facilities for worship to devotees, consistent 
with the rules and custom of the temple ; (4) to conduct all 
vazhtvadua offered in the best manner possible ; (6) to give 
prasadom to the devotees ; (0) to preserve from pollution or des- 
truction the Btmbom, the Vtgrahants, the Salegramoms and such other 
holy things within the Garbhaiirtham and keep the inside of the 
, Garbhagrtham scrupulously clean and tidy ; (7) to take charge of 
such ornaments and utensils as are not removed from, or are 
customarily kept inside, the Garbbagrtham ; (8) to lock the 
Qarbhagrtham securely when he leaves the temple after the poojoi 
and to keep the keys safe m his custody ; (9) to examine carefully 
everything inside the Garbhagrtham when he comes and opens the 
temple each day and to report immediately to the local aothoritjT 
any suspicious circumstances noted j and (10) to report at once 



461 

to the local authority any accident ^vhich may happen to the 
things in bU charge. 

n. The existing sources of income for the Sanihikars arc 
<1) the neiiudamsy formerly fixed in kind, but since converted into 
cash, (2) the kooru, or a portion of the vazhivadus, the oonari» the 
dakshina, the ktezheeduy and special allowances for extraordinary 
ceremonies such as uisazoms, etc. All the Sanihikars in all the 
temples do not get all then above kinds of allowances. 
The pay of the Sanihtkars formerly paid in kind, but since 
converted into cash, is foand to vary considerably. Some 
do not get any pay, but only a portion of the 
ntvedyom cooked rice. In the Sachindrum, Thiravarpu and 
Thiruvaloor temples, the pay of the has been commuted 

into cash at the rate of 14chs. per para of paddy, while the 
Sanihikars in the other temples have been allowed only a commut- 
ation rate of 11 chs. per para. 

12. His Highness’ Government resolve that, in future, 
the pay of the Sanihtkars should be fixed wholly on a money 
basis and not on a paddy basis. All allowances now paid to the 
in kind, except any portion of the «irerf>om cooked 
nee, the keizheedu paddy and rice and other articles given after 
use in the temples, should now be converted into cash at 14 chs. 
perpara of paddi and 10 fanams per para of nee. Any extra 
emoluments, such as oil for bath, betel, nut, etc., wherever they 
are now allowed to the Sanihikars, should also be converted into 
cash at a fixed rate. All the allowances, except those sanctioned 
Supra to be paid in kind, will be added together and a consoli- 
dated sum *« cash will be fixed as the pay of each Sanihtk-^ran 
Each Peishcar should work out the details in regard to each of 
his temples and forward to the Government a statement, before 



the 1st Dhanu 1087, in the Form D appended, showing the 
consolidated amount of the pay of each Sanhkaran" per mensem 
The ^^anthikars will continue to enjoy the kooru and may receive 
dekshtna as hitherto. 

' 13. Where there are several Minor temples within easy 

reach'of a Major temple» it may be advantageous to group them, 
and to make the of the Major temple responsible for 

the service of the group of Minor temples subordinate to it 
The Peishcars will submit to the Government their views as to 
whether this grouping is practicable, and if so, how they 
would do it. 

14, It is necessary, for the safety of the jewels and 
utensils in the custody of the Santhtcnrs, that the latter should 
deposit security in cash. No security need however be demanded 
for the custody of articles, the value of which in the aggregate 
does not exceed Rs. 100. The Peishcar should report what 
security should be demanded in each case. 


(By order) 

A. J. VIEYRA, 

Chief Secretary to Government. 


To 


1. All Peishcars, 

2. The Superintendent, Devikulam Division and 

3. The Finacial Secretary 



463 


FORM A 

ApfiUcation for appoint ffteni ^or^.»^^...—.sanf hi in the temple of. 

In taluk. 


Full name of the 
annltcant 

Native place 

present place of ' 
r<»R?dence 

o 

U 

o 

« 

u 

*o 

o 

o • 

.Q 

a 

m 

& 

V/bether applicant | 

was santbikaran before 

Certificates 

produced 

Signature of tbe 
aDoheaut 

Remarks 

«> I 

"S. i 
£ 

*Q ! 
o 
£ 
et 
2 

M 1 

o ‘S 

•sis! 

■JS;**** 

?|l 

Date of termi; 
nation of santhi 

By whom 

1 given 

Eligibility 
foe santhi 

... 
o u 
o >5 
&fi.g 

^ S 
fa " 

1 

2 

3 

4 

5 

i 

B 

8 

9 

1 

>0 

D 

12 

13 




1 


1 

1 



' 

1 




Iq cols I aod 2 the boase came, village and taluk, should be clearly stated* 
If the applicaot is oot a oattveof Travaccore. tbe name oi the 'District should 
also be stated. 


I hereby declare that above eotnes are correct. 


Date ...... ........... Sigoatorecf the applicant. 

FORM B 

tvas examined by me, and 1 hereby certify 

I that — is leading a Vydiclifci that he is eligible both by 

birth and attainments for performing. santhi in 

' temple* atid that He U conveteatvt 'kmH — 

pooja. 

Signature and name of the 

-Hate person who grants the certificate. 

FORM C 

is personally knoivn to me* I certify that 


he is trustworthy, honest, and of good character. 


Place 

Hate 


Signature, name and official 
designation, if any, of the 
person who grants the ceriicate. 






NAME or TALUK 

STATEMENT SHOV^ING THE PRESENT AND PROPOSED PAY OF THE SANTHIKARS 


464 



M 


•OjFJsqDB 

•J)3qs>{ 39d se i)a«s aoj siqiSiis ss«;o sqx 



isod sq; joj Aiunsas pssodojj 


aoissassod ui * oauivavjeqqTAtiJiq} jo 8n|e;^ 

fO 


Proposed pay per mensem 

Xed sapisaq ouaqiiq se 
patq ui nsAtS aq o} sapiua Jo spepQ 



Basts for calculation 

•uiasaaco jad jaijaajaq 
paxy aq o) Xed pasodojj 

0 

t'i 

fO 


qo 



SH 



I^JOX 

0 

o 


qo 

s 


SH 



MOO u‘ stuaji JO anp^ 

•3 

s 1 




N 


O'Q iadse Xaaoto 0 )ai pajjaA 
•doo aq o) sapme ]o speia^ 



Xppcd 

sapisaq ianooi at )aamX7(3 

•3 

-<3 


qo 

St 


•SH 

S 


Vied iad 'sqa 

JO Bjej aqj |e anp^ 

*0 

?, 


” 



SH 

tt 


Xpped JO peajsui 
qseo at epeai aq o) pa 
•iapjo sen paioXed aaqAt 
pted Xpped JO ionouiy 

1 

pH 


q! 

lO 


p3U2J0}jad aq 

ot aja siqtoas laqu paa saiduiaj teqat ni 

2 


jaquin^ 

•»*- 


e 

1 


=> 

ro 


-TP 

fV. 


sy 




•3 

o 


a 

a 

s 

£ 

«ni«A 

-7^ 

o% 


•sy 

CO 


1 Xad JO aAtsnpxa staatunpuia p spxteQ 

pH 


apj ootppuiiuoo 
aq) )« uaAiS Xppcd jo an[eA 
aqi JO aAisnpai qsao qi jaaiuXa j 

•3 

<o 




•sy 



J8quin|sj 

cn 


{ oja ‘uaesqzsaji iq}ae5{aiqj iqjuBS jo ainjE^q 

“ 


aidaiai p atOH^q 

- 

T 



HINDU 

RELIGIOUS ENDOWMENTS BILL 


PROCEEDINGS 
OF THE 

LEGISLATIVE COUNCIL 



HINDU REIjIGTOUS ENDOWMENTS BILL 


PROCEEDINGS 

OF THE LEGISLATIVE OODNCIL 

Mr. Nagaiii A.iya •— In asking for leave to introduce the 
Bill of whicli I have gi\en notice, I beg to raake a few 
remarks. 

Eor several years past, I have had it in ray mind that 
some action should be taken by thig Council for “the better 
protection and management ol Hindu Religious and Obarit. 
able Endowraents in Travancore” — such as are not already 
under the min.igemont of tho Sircar. But the necessiry 
information was not in the first place available, and in the 
second plice it was a dilBcuH task, there being no British 
Indian enactment as a guide to copy from, and tiiirdly, the 
needful stimulus was wanting, until our President, the Dewan, 
wrote to me thus more than two months ago : — “ Sometime ago, 
you told me that you had an intention of introducing a Bill in 
the Legislative Council for the better management of Hindu 
Pagodas and otlipr institutions Everv day I receive com- 
plaints of inis-inanageinent of private Pagodas Now there is 
no written law' empowering any autliority to assume manage- 
ment and prevent waste Necessity for legislation 'on this 
subject is becoming very pressing” 

That I have iiad this question in view for many years 
past, will be clear to the Council from the following extract of 
a letter, which I wrote 4 years ago, to an ofBcial member of 
His Excellency the Viceroy's Council, I wrote to him thus : — 
“During the time you sit in the Supreme Legislative Council, 
“I wish that something would be done to the Religious 



A 


“Endowneraents of ■Btitiflh India. They repreflont vast wealth, 

“ most of which is squandered away. They should be conserved 
'* and regulated discharging the trust which the British 
Ooverninont have inherited from their predecessors faithfully 
“ to some o'^tont, at least, like what the Native States do with 
“ regaad to similar endowments within their territories *’ To 
which he replied on 15th January 18%. “ I have little hope 
‘ of being able to efiect an improvement in the administration 
“ of Religious Endowments, but it is a most important subject. 

In the result, however, the condition of the Hindu 
Devastanoms throughout the British Indian Empire, I regret 
to observe, remains in the same unsatisfactory condition still, 
or as the Madras Government wrote m their letter to the 
Government of India No. 73. dated ^dth May, 180-1* "Itia 
“unnecessary to discuss the question whether the existing Uw 
“embodied in India Art XX of 1003 is insuniciont for the 
“ purposes for which it was designed; that point was settled 
" more than 20 years ago, and every year merely adds to 
the overwhelming mass of testimony to the Inadequacy of 
the low and the necessity for the speedy application of a 
“ radical remedy. Nor is it essontlal to narrate in detail 
“ the history of the efforts wh'ch this Government has made 
“to meet the wishes of the Hindu community, wdiich views 
“ w'ith the utmost dissatisfaction the w’elUuigh unrestricted 
“ opportunities for peculation afforded by the law to thoae 
“ w’ho are entrusted whith the administration of the great 
“w'ealtb belonging to the numerous religious institutions iu 
“ the Presidency of Madras." 

I will not trouble you now with the details of the Bill 
I propose to introduce, the object of which is only to enable 
Government to take power to interfere in the management 



6 


of aach institutions whenever in the intereBt-i of those 
institutions themselves, suoh interference is called for ; but 
on the present occasion, 1 will address myaeU to two 
importint points in connection with the question, viz, 

!• Whether Government may interfere in matters of 
this hind, and 

II. Whether if anch mtarforenco is unobjectionable, 
there is any real need for such interferonct • 

In reply to the first question, it will be admitted on 
all hands that it is the duty of Government to interfere in 
the case of theee endowments and protect them form the 
wholesale misappropriation and shomeful mismanagoment, 
now going on, in direct oontravention of the intentions of 
the original grantors of th6'«endowm&tits, and further, that 
in regard to religious trustsitia the duty of every Govern- 
ment to protect and safeguard them, and fully promote, as 
much as possible, the benevolent and charitible mtentionsof 
their donors. 

For this purpose, it is not necessary to invoke the aid 
of anciant Hindu or Roman law-givers, as the principle itself 
has been again’and again fully admitted and practised in more 
recent times. I will quote the following words of Sir. T, 
Mathuswamy Iyer’s Hindu Religious Endowments’ Committee 
of 1893-a Committee composed of the then best Native talent 
in the Madras Presidency, which surcinctly describes the 
relationship that eristedin India between the Ruler these and 
institions, in the Hindu, the Mahomedan and the early 
British periods of Indian history; — “Under Hindu rule, the 
Rajahs exercised through their officers real and direct control 
over all religious institutiona and endowments. The super- 
vision of temple management \ras and is recognised in every 



6 


“ Native State to be one of tho essential functions of Govetn- 
" ment. As instances in point, the Native States of Mysore, 

** Travancore and Cochin may be mentioned. The Native 
** Rajas were deeply interested in tho welUboing and advance- 
“ ment of Hindu Religious institituuions. Many of tbesa 
institutions had been founded and endowed by their ancestors, 

“ and most, if not all, of them continued to receive periodically 
“ pecuniary contributions from the State. Even under Maho- 
“ medan rulej this duty of the State was not completely ignored. 

“ Except during periods when religious intolerance was at its 
** worst, the Mahomsdan rulers of India considered utinexpedi- 
** ontto make some provision against the deterioration or decay 
“ of Hindu temples by negleot or peculation, and in some 
“instances even added to their endowments Under British 
“ rule, there was for many years no enactment or regulation 
“ bearing on the management of Hindu temples. Regulation 
“ VII of 1817 had the obvious intention and effect of oontinu- 
" ing and maintaning the policy that had been in vogue under 
“ TTindu and Mahomedan rulers. Not only was there a distinct 
“ recognition of the principle that, it was a duty incumbent on 
“ Government to keep a strict watch over religious trusts 
“ and endowments, but practical was given effect to this- 
“ principle by the exercise of efficient and stringent control 
" over the management of Hindu temples, through the instra- 
" mentality of tho Revenue officers of the State. From 1817 
" to 1842, there was general satisfaction that Hindu temple® 
“ were being properly managed, and that the danger of temple 
“ funds being misappriatod by tho managers had been reduced 
“ to a minimum. The supervision exercised by Government 
‘‘ over the management of Hindu temples during the period, 
“referredto was one of the many acts by which Government 
“ endeared itself to the hearts of its native subjeots.” 



7 


The principle was distinctly admitted in the preamble' 
to the Eogalation VII of 1817 itself, which recited ; — ’ 
“ Whereas considerable endowments have been granted in 
■" money, or by assignments of land, or of the produce, 

"of the’ portions of the produce of land, by former Go vern- 
" ments of this country, as well as by the British Government, 
" and by individuals for the support of mosques, Hindu 
“ temples, colleges, and choultries, and other pious and bene- 
" ficial purposes: and whereas there are grounds to believe 
" that the produce of such endowments is, in many instances, 
" appropriated, contrary to the intentions of the donors, to 
“ the personal use of the individuals in immediate charge and 
“ possession of such endowments: and whereas it la the duty 
“of Government to provide that all such eDdo^vments be 
" applied according to the real intent and will of the grantor ; 
“ and whereas it is moreover expedient to provide for the 
" maintenance and repair of bridges, choultries, ohufchrums 
and other buildings which have been errected. either at the 
" expense of Government or individuals, for the use and con- 
“ venieuce of the public •••♦ •••• •••• 

" the following rules have been enacted." 

‘ Though the British Indian Act XX of 1863 repealed 
this excellent Eegulation, there is a spirit of re-action 
Again setting in now, in favor of aiding in the management 
of Hindu Temples and endowments in the minds of the 
British Government itself — as I gather from the following 
extract of a resolution of the Madras Board of Revenue 
dated 8th September, 1893, No. 524. on the Bill submitted 
by Sir. T. Muthuswoioy Iyer’s Committee* — * The real cause 
" of the present unsatisfactory state of things is the strict 
" policy of non-intervention m temple management which 
" Government has adopted for the last half-century. But so 



8 


long ago as 1876, tho Grovornment of India receded from tha 
"position of rigid non-intorfarence originally taken np.and 
" went 80 far as to observe, with reference to a proposed 
" central Temple oommittoe at Madras, that ‘it would pro- 
" bably bo better that the members should be appointed and 
" removed by Government/ This observation is equally 
“ applicable to the local Committees now proposed; and 
“ though the present Bill contains provisions for nomination 
"of members in part by Government agency, it is defective 
" in not providing for their removal except under section 7 or 
" by suits instituted by ‘ persons interested.’ The Board would 
“ remedy this defect by accepting and acting upon the prin- 
“ ciple laid down by the Government of India, and would 
“ oooordingly suggest (1) that the local Government abonld 
“ take power under the Act to remove members of the local 
" committees for such mismanagement or other misconduct 
“ in its opinion, shows them to be unfit to administer the 
“endowments; and (2) that the Collector should also be, 
" empowered, on complaint made by (say) six or more persona 
“ qualified to be elected members of committees, to enquire 
“ into the working of any committee, and, if necessary, to 
“ recommend to Government the removal of any member or 
" members for notorious wrong-doing or for neglect of duty. 

" The Board is, howewer, fully convinced that the control of 
“ ‘local officials holding influential and responsible positions' 
“ is absolutely necessary and that it is inevitable that 
" Government, through one of its Departments, should inter- 
" fere in the ‘matters above referred to The Board would, 
" however, leave the Bench undisturbed and exercise tbo 
“ necessary control through the ordinary administrative 
" machinery of the Bevenue Department/’ 

Sir George Campbell, a former Lieut, Governor of 
Bengal, writes in his * India as it may be * • — I think that all 



9 


• such endowments should be supervised by Government, that 

* the conditions of tenure should be distinctly registered, that 
“ their fulfilment should be annually ascertained, and that 
** Government should retain a power of putting them from 
“ time to time into proper hands, and when necessary, re- 
" distributing the funds ” 

The Ceylon Government bus a very complete ordinance^ 
providing “ for the better regulation and management of the 
" Budhiat Temporalities in the Island,” according to which, 
clear and detailed rules are laid down for the conduct of 
Trustees, the checks upon them by District and Provincial 
Committeesj powers to suspend and dismiss Trustees, and in 
some cases for subjecting them to criminal prosecution, thua 
showing a very considerable defference in the treatment of 
temples and their funds from what the British Indian 
Government has recently adopted in the Indian Empire This 
ordinance is No, 3 of 1889. 

In our own country, the principle has been again 
affirmed in the Royal Court of Final Appeal, case No I of 
1062, M* E., in which our learned President sat as Chief 
Justice. It was held in that case, that the Sircar has the 
power of interfering in the affairs of public institutions, 
under the control of hereditary trustees, in cases of gross 
neglect of duty or miscondnefc and of assuming the manage- 
ment of such institutions, without recourse to law, if that 
course is necessary in the interests of such institutions, In 
the course of the decision the Judges observed: — “We are 
not prepared to hold with the learned Judges of the High 
‘‘ Court that the Government, in the first instance, are bound 
“ to seek the aid of the Civil Courts, to exercise this povrer. 
” Any member of a’ community to which a religious institu- 
** tion belongs, has the power to remove even an independent 



10 


hereditary trustee with the aid of the Civil Courts (I. L K. 

*' III Bom. page 27, III All. page 636 and T. L, R vol 
“VIII, page 63.) Reason points to the conclusion that the 
“ Government, •which is Parens patriae^ must possess higher 
“ powers than those of its subjects. We think that the 
** executive on being satisfied of the existence of strong 
“ grounds for its interference, may assume the management 
“ of public trusts, without prejudice to the rights of the 
** aggrieved parties to obtain redress for wrongs committed 
“upon them, by an appeal to the judicial tribunals indue 
“ course of law. The best interests of public trusts ' require 
“ that the Government should possess this summary power. 
“ If it is obliged to remove by suit every defaulting trustee, 
“ the consequence would be very serious to the interests of 
“ religious institutions. For instance, if divine service is 
discontinued in a Hindu shrine held in great veneration, the 
serious consequences that result therefrom, cannot, from s 
religious point of view, be remedied by any relief granted by 
“ Courts ; and prompt action would be necessary to secure the 
“ continuous performance of service. Who should take such 
" action ? None but the Government can bo safely entrusted 
" with the power of interference on emergent occasions The 
" position of the Government demands that every presumption 
should be made in favour of the fairness and j'ustice of its 
“ proceedings. The parties aggrieved by any unwarranted or 
“ injust action of the executive can obtain redress by civil 
action.” 

It is thus clear that it is the duty of the State to look 
after these endowments and regulate and control them from 
time to time, their welfare being thus made an obj'ect of its 
cbnstant bare and soUoitudo, I will go further, and say that- 
it is not only the duty of Government but their interest as 



11 


Tvell to regulate them, for in times of famine or general 
distress, those endowments, if well managed, will become 
fiources of enormous help and might enable Government to tide 
over difficulties otherwise insurmounable* 

The next point for consideration is whether there is 
in the present condition of the private Hindu temples and 
charities of Tarvancore, any real need for such Government 
interferancej as is contemplated — whether the present trustees 
and managers of those inbitutions are not themselves alive to 
a sense of duty and lesponaihlU^, so as to malse enquiry 
into their condition by Government an unwelcome interference, 
and a wholly superfluous and gratuitous task from their point 
of view ? In answer to this question, I can boldly say that 
.Government interference is absolutely essential. One of my 
valued correspondents, in suggesting a full enquiry, writes 
“ there is no doubt a prevailing notion that religious and 
charity endowments have been mismanaged by private 
agencies.” The result of my best enquiries goes to show that 
the prevailing notion is well-founded in the opinion of private 
gentlemen, as well of some of our best men who have seen 
different branebes of tbe public service, and who have moved 
closely with the people, living in their midst, and concerning 
themselves in their affairs, their interests and their aims, and 
knowing from very ^considerable local knowledge their wishes, 
their difficulties and their short-comings. These gentlemen 
who have favored me with replies to my querii“S on the 
subject, are unanimous in declaring that mismanagement and 
malversation of temple and cbaritable funds are the rule, 
while the faithful and honest fulfilment of the benovoleut 
intentions of original donors as a sacred duty, is the cvroptlon'* 
Permit me, therefore, to quote from some of tho’r l<>fcter9 
which will satisfy the Council bow real tbe evil is ••’^Iwhat 



12 


baneful effects ' it 'has prodaced and will ' 'produce ‘ on' the 
population, uPohecked — not to speak'bf'the blight which' it 
will’ lead to and chill of all light and 'warmth 'from the hearts 
of future donors of pious and beneficial 'endowments, if any,’ 
in this age. ^ I have no doubt that you will come to the con- 
clusion that legislation is necessary. ^ 

One' of our most experienced oflBcers, — al gentleman 
who has served in the Hevenue, Police and ' 'Judicial 
departments of the Puhlic service writes : — " 1 beg to inform 
** you that legislation is necessary to protect private -Hinda 

“ temples and other charities.*****— *“ By an Act like 

“ the one you propose, you would be doing a service to the 
" country and to the cause of charity by putting down endless 
malversation of useful and valuable funds and) the litigation 
“ consequent upon it." r - , i I ' 

Another of our high officers writes Such being the 
" case, it becomes very .necessary that such charitable funds 
** and institutions have to be placed on a sa.tisfaotory footing 
“ by. introducing proper management, guaranteeing to carry 

** out the, .object of the charity’* “Hence arises 

** the. obligation on the part of G-overnment to .frame iBUch 
“ laws and. regulations for the proper management ,of tbe 
“ institutions throughout the State, and to carry out as much 
“ as possible the intentions of the donors." 

■ One* of ' dur most experienced Tasildars,' now a Pirst 
Class Magistrate, 'writes: — "The Governmelit'not having a 
" direct interest in tlie matter ' and the existing law being 
“ defective, there seems to be no check against' the malpractices 
“in respect of the'trust property and consequently tlie evil is 
“■growing day' by day. 'The nominal int'erfoVenoe of the State 
"under the principle that the Sovereign is the protector 



13 


“ all charities does not carry the desired effect. IMoasures for 
" the proper conduct of the charities, as intended by the donors, 
“ with the result of a wholesome check against misappropria. 

tion, should be adopted. T, therefore, think that legislation 
** on the subject is highly necessary.” 

A retired educational officer of ripe experience and 
great knowledge writes :•>— “t7nloss G-ovorninent interfere in 
** these temples and regulate their affairs, the arrangments 
** made by the people themselves from time to time will never 
“ be satisfactory,* as can well be seen from the present condi* 
** tion of these temples.** 

Another of our retired officers, hut young end highly 
educated and a former member of this Council writes:— 
“Considering this fact as well as the extent^of the properties' 
concerned and of the proportion of the general population 
whose prosperity is closely connected with these properties, I 
have no hesitation in urging that the legislature should lose no 
time in providing an instalment of its help for the protection 
of these Pevaswoms ” 



14 


“ It is very seldom that the devotees and worshippers 
“ of the religious and charitable instritutiona avail themselves 
" of the wholesome provision contained in section 611 of the 
Civil procedure Code.” 

One of our noblemen in North Travacore writes 
“ I think it highly desirable that we should, by legislative 
interference, put a stop to the misappropriation of the 
“ temple funds.” 

One of our heat Munsiffs writes i — “ In my opinion, 

" legislation on the subject is necessary, and I have on 
“ several occasions mentioned the disirability of the Govern* 
** ment making at least some provision for the better manage- 
" ment of private charities, to some of my friends and even 
“ to the late Dewan.” 

Another experienced Munsiff wrices I ain« therefore, 
" in favour of a Bill being introduced in our Legislative 
" Council for aSording proper protection and Management 
“ of the affaire and the funds, particularly of the private 
** Hindu religious and charitable institutions." 

A third Munsiff writes; — ^ I think with others, whose 
** opinion I have ascertained, that Government should extend 
its protecting arm to remedy such state of things. It reco* 
gnised the principle in Colonel Munro’s time, but in 
giving effect to it, selected those temples which, while their 
" support would not entail any cost on it, would be a source 
** of public revenue." 

A young and energetic Tasildar writes*— ‘f I think » 
** Regulation for the protection and better management of all 
" religious and charitable institutions both public as well as 
* private is necessary. " 



15 


. An e'^perienced Vakil of South Travancore vrritos: — 
“ On the other hand, it must be admitted that nothing will go 
** straight, if there is not some sort of Government interference. 
“ Onr people are not snfficiently educated to regulate the 
** autonomy of their institutions, and if anything is rotten, 
" those interested have neither the will nor the inclination to 

** set matters right” therefore, submit that 

“ Government Interference is necessary and legislation must 
“ be resorted to. ” 

A Manager of one of our Brahmin Jenmis near 
" Trivandrum writes; — “ If Government wore pleased to 
” undertake the supervision of tho<«a temples, not only will 
“ the anarchy at present.prevailing in them disappear, but the 
“ original intention of the donors will he properly fulfilled, 
“ malversation of funds be removed and their properties will 
“ increase, the temples themselves repaired, thus resulting in 
" prosperity and reputation to the people, the donors and 
“ Government. ” 

Ono of my Assistants writes thus: — " As regards question 
" No. 1, viz., whether there is any considerable misappro- 
“ priation of private temple funds or mismanagement of private 
charitable endowements, I feel no doubt that Pagodas which 
“ are exclusively managed by private individuals are not the 
* models of what they ought to he in the view of their original 

" founders. ” * 

Abuses in these endowments often arise from a few cause* 
“ The most prominent of these are mismanagement by 
” incapacity, frand and lack of interest in the temple 

“ avails ” I, therefore, sum up that a reform la 

" urgently called for, to place them on a satisfactory footing 
“ and that the formation of local Boards with ample executive 
" powers and subject to the orders of the State would be a 
“ means to obviate existing evils ** 



16 


A very intelligent Supervisor in the Settlement 
Department writes : — “As the present condition of these 
“ temples and charities is unsatisfactory and matter of general 
“ complaint as shown above, an enactment for their preserva- 
“ tion and improvement is absolutely necessary and will give 
“ to the people at large greater satisfaction than all other 
“ regulations conserving public interests*" 

Another intelligent Supervisor also writes “ The 
“ management of all public charities should at once be 
“ assumed by G-overnment. Regarding private charities, 

“ if the donors so desire in writing. Government may take 
“ them ; or, if the family of the donor be large and if its 
“ members quarrel among thamseves and consequently 
“ mismanage the charity, Government can, after enquiry and 
“ proof, interfere,” 

A retired Tahsildar of ability and experience writes;— 

“I have mentioned here only the names of a few temples and 

“ Samuhathumadoms which are on the high road to ruin 
“ I believe that a close examination will show more than a 
“ thousand private temples and charitable institutions in this 
“ miserable condition* There ia sufficient reason to infer 
“ that the present condition of the managemant and conduct 
of such institutions is rotten and unsatisfactory and that 
“ such a state of affairs greatly affects the public well-being 
" and advancement of the Hindus. The people are gradually 
*' growing more selfish ; so, no one troubles himself about 
“ the common weal. If Government also remain silent, the 
“ interests of the public at large will be wholly unprotected. 
“ Hence the time is come for a complete and definite legislative 
“ enactment being introduced,’* 



17 


Two respectable ryots soath of TrivanSrum write 
** Thus the charities are not only not properly managed, but 
“ they do not remain even in name ; and in these days, most 
** of the people are indifferent and devoid of all love of 
“ charity. Hence if a regulation be passed enahb'ng Govern- 
“ ment to assume tnelkotntntz over, and to regulate the 
“ conduct of, these charities, the private chanties above 
** mentioned as well as those incorporated with the temples 
“having such as Kamasharams 

** will thrive well t if not, there is no likelihood of their proper 
“conduct and better preservation. "We say all this from our 
“ own personal experience**' 

It 13 not necessary to trouble the Council with the names 
of the temple^ or chanties where, at present, managemf*nt is 
declared to be very unsatisfactory in the opinion of my 
correspondents, who have personal experience of them. It 
5b enough to state that every important endowment whether 
of temple or chanty is torn by dissensions <ainongst the 
managers, or disfigured by litigation in the cml courts 

Before concluding, I will say one or two words cn the 
magnitude and importance of the interests at stake. The State 
h id no concern with the management of any temples before 
the year 937 when the Imded properties of 378 temples 
were assumed by, the State tied the management taken over. 
1,171 minor temples which had no property were also assumed 
either before or at that date. The expenditure, establishment 
and the roucine of ceremonies, rules for management, all were 
settled for these 1 ^49 temples on this occasion by Col. 
Mnnro — the Dewan Kesident, on a permanent basis. But this 
number, 1,549, represents only a fraction of the temples of the 
State. According to the Census of 1676, there were returned 
9,397 temples throughout the State, Deducting the number 



18 


tinder Sirkar management , l,549j, we get 7,758 temples 
beyond the pale of Government management That la, 17 pec 
cent of tbe total temples of the State are under Government 
management, while 83 per cent are outside it This number 
IS exclusive of ‘ Kavooa ’ and Thekkathoos ’ of Malayali 
houses, whose number is legion Lieutenants Ward and 
Connor give 22 900 ' religious temples and places of worship, 
independent of churchest masjeeds and synagogues* But in 
the statistical table appended to their Report, one of the 
columans under which alone, 15 000 are returned, is ‘temples 
and groves dedicated to minor divinities The groves and 
thekhathoos have been excluded m the Census, and hence tbe 
difference between the two results 

The property owned by these 7,758 temples is also 
vast. According to the settlement of 1012 which complised 
only a settlement of garden lands taese private Devaavoms 
owned 64,165 gardens, tax free The temples within the 
boundaries of Adhigara Olivu and Desa Olivu tracts are 
excluded from this calculation The assessed rental of these 
54,165 gardens came to 79,496 Rs It can be safely estimated 
that the present aasesamenton them will come to li lacs of 
Rupees. Multiplying this sum by 25, we get the figure 37i 
lacs of Rupees— the capitalized value of those gardens The 
paddy lands of the same may be estimated to be worth about 
60 lacs of Rupees — in all the landed property of the 
Levaawoms whose welfare it will be the ob]eot of this Bill to 
promote, may be put down as worth 1 crore of Rupees Tbe 
movables of these temples may be valued at i of a crore, ex- 
cluding the buildings, almost all of which are in different 
stages of decay throughout the country, These are the 
properties known to the pnblic accounts before 1012. Pro- 
perties purchrsed since then in the name of those temples* 



19 


OT properties dedicated to them, or to other charities before 
that date if paying Sircar tat, oftonot be discovered from 
the Sircar accounts. These also will swell the property of 
these institutions. It may not be far wrong if I estimate 
that the total value of the endowments meant to be death 
with is about 2 crorses of Bupees. I trust 'this will give the 
Council an idea of the magnitude and importance of the 
question we are dealing with. 

If you permit, I shall introduce a Bill at an early data. 
With regard to its scope, I will only state that it is intended to 
he very limited, that Government seeks no profit by the pro- 
posed legislation, that the well-being and prosperity of the 
institutions are our only aim, and the satisfaction of the public 
our best reward* No radical changes are contemplated, no 
vested interests will be rudely disturbed. Bisbenest managers 
will be watched and corrected. Honest trustees will be helped 
and encouraged* In every way, the intentions of the original 
donors will be followed and fulfilled. 



HINDU RELIGIOUS AND CHARITABLE 
ENDOWMENTS BILL. 

Mr. Nagam Aiya — Aa it is not 15 days yet from the 
publication of the Bill in the Gazette, T beg the council will 
suspend Rule 33, to enable me to introduce the Bill 

The Rule having been suspended, Mr. Nagam Aiytt 
introduced the Bill and in doing so spoke as follows 

“ With your permission. Sir, I will offer a few remarks 
in introducing this Bill. My initial difSculty has been the 
absence of an authoritative piece of British legislation on the 
subject, which would not only have considerably lightened the 
labors of a member of this Council undertaking a similar 
measure here, but would have created in the minds of a random 
oriticB a sense of respect and responsibility and thus obviated a 
deed of needlessand reckless criticism. It will, I trust, be patent 
to the Council that the Bill has been the reult of considerable 
labour, thought and consultations. The public have been tiken 
into confidence and no pains have been spared to canvas 
their views or benefit by their local knowledge and experience, 
but nevertheless, I fear the Bill ia not sufficiently immuned 
from the attacks of critics of sorts, coming from all points of the 
compass. There is nothing however strange in this. It is the 
common lot of those who are engaged in the refreshing work of 
putting things to rights, or as one who holds a foremost place 
amongst the original thinkers and word-painters of tbe century 
Bald ‘‘ If no other happiness ia to be bad, the mere war v.itb 
Decomposition is a kind of happiness. But the var with the 
Lord of Decomposition, the old Dragon himself, St. George’s 
war, with the princes to save *and win, are none of you, my 
friends, proud enough to hope for any part in that battle.” 



21 


One class of critics lean summarily dismiss from con- 
sideration, though unfortunately they cannot be included in 
the uneducated portion of our population. These are critics 
"who have been favoring the public with their objections and 
remarks on the Bill several months before the Bill itself was 
framed and published. As their views are not founded on the 
provisions of the Bill, but on pre-conceived notions of what it 
might contain, no explanations can be given to them here, nor 
do they deserve any, But there is another class of critics, by 
far the largest portion of those whom the Bill will effect, who 
entertain entirely wrong notions of the object and scope of the 
measure, who fancy that this Bill is conceived in a spirit of 
opposition to their vested rights, and whom it is therefore our 
duty and interest to correct and conciliate. In the following 
remarhs, I will endeavour to remove their misconceptions 

There is yet another class of critics, the vast majority 
of our population, who form the cestm qm irusi^ as it were,’ of 
these endowments and are directly interested in their uelfaro 
and benefited by their proper administration. They hail the 
measure with delight and have weicom(‘d it as glad tiding 
of great joy. These good folks tell me that the Gods in the 
temples, enveloped so long in mist and gloom under the bane- 
ful influence of malevolent planets, aro'now approaching their 
day of deliverance and are about to enter the period of pros- 
perity known in popular language » Sukradeaa The 

sympathies of this large class of people are with ua and 
are a source of strength and encouragement to the prpmoters 
of this Bill. The opinions of experts are quoted ii; li(ua Coun- 
cil six months ago, in my preUmiu.ity speech, faithfully 
reflected the views of this largo section of the public- 

To Goiarnment itself, the task undertaken is only a 
labour of love. It is not a question of fiaep.! policy ox acquiring 



22 


new rights. Legislative sanction ia now sought for an 
undoubted right which Government already possesses anj 
which is inherent in it aa parens patritz of its people Jlo 
well-organized Government can diveat itself of responsibility 
in the matter of the administration of public trusts, in ^Yhlch 
80 immense a quantity of wealth is involved and upon the 
proper administration of which so much of the public welfare 
depends. The judicial tribunals of the country have declared 
such to bo the tight of Government, and the legislature is now 
invoked to ratify the case-made-law on the subject. 

The case-law has already been referred to in my 
preliminary speech, and will be touched upon only briefly here 
before proceeding to the Bill itself. 

In Ko. I of 1062 of the Eoyal-Court of Final Appeal it 
was held that the Sircar hag the power of interfering in the 
affairs of public institutions, under the control of hereditary 
trustees, in cases of gross neglect of duty or misconduct, and 
of assuming the management of such institutions, without 
recourse to law, if that courso is necessary in the interests of 
such institutions. In the course of the decision, the Judg'S 
observed “ Wo are not prepared to hold with the learned 
Judges of the High Court that the Government, in the first 
instance, are bound to sock the aid of the civil courts, to 
eYorciso this power. Any member of a community to vhicb 
a religious institution belongs, has the power to remove even 
an independant hereditary trustee with the aid of the civil 
courts (I. L. E. Ill Bom.; page 37, Til All., page 636 and 
T. L. E. Yol. YII page 63). Eeason points to the conclusion 
that the Government, which is parens patria, must posses 
higher powers than those of its subjects. We think that the 
executive, on being satisfied of the ovistence of stnmg grounds 
£or its iterfcronce* may assume the management of publin 



23 


trastfi, without prejudice to tha rights of the aggrieved parties 
to obtain redress for wrongs committed upon them, by an 
appeal to the judicial tribunals in due course of law. , The best 
interests of public trusts require that the Government should 
posssess this summary power. If it is obliged to remove by 
suit every defaulting trustee, the consequence would be very 
serious to the interests of religious institutions.” 

This power, declared by the highest Court in the land 
to belong to Government, is now taken under section 5 of 
the Bill* Tbe cases m which Giovecament may assume 
management of an endowment under this Bill are detailed 
in that soction. , Excepting the most dishonest and the most 
reckless trustees or m<anagers, no one can take ^ception to 
the conditions imposed by this section. So far as the 
interests of the present managers of the endowments are 
concerned, the grounds for Government interference and 
assumption of management are most reasonable and fair. 
Gross negligence or misappropriation of trust funds has 
been the raison d'etre for Government interference in the 
past, a customary law which has since been recognised by 
Courts and is now made the basis of action for the present 
BUI. The other cases pointed out in the section are equally 
valid grounds for Government interference and action, viz., 
where an application is made in that behalf by the trustees or 
donors, where Government already exercises a partial control 
in the management of the endowments by the appointment of 
certain officers or servants in them, and lastly where 
Government have succeeded to the right of management 
wholly or in part by reason of escheat of trustees. 

The propriety of these conditions being taken as 
justifying grounds for Government interference and assumption 
of management will, it is hoped, receive universal assent. 



22 


new rights. Legislative Banction is now sought for an 
undoubted right which Government already possesses and 
w'hioh is inherent in it as parens palrttz of its people 
well-organized Government can divost itself of responsibility 
in the matter of the administration of public trusts, in which 
so immense a quantity of wealth la involved and upon the 
proper administration of which so much of the public welfare 
depends. The judicial tribunals of the country have declared 
such to bo the tight of Government, and the legislature is now 
invoked to ratify the caae-made-law on the subject. 

The case-law has already been referred to in my 
preliminary speech, and will be touched upon only briefly here 
before proceeding to the Bill itself. 

In No. I of 10G2 of the Royal-Court of Final Appeal it 
was held that the Sircar has the power of interfering in the 
affairs of public institutions, under the control of hereditary 
trustees, in cases of gross neglect of duty or misconduct, and 
of assuming the management of such institutions, without 
recourse to law’, if that coiirso is necessary in the intorests of 
such institutions. In the course of the decision, the Judges 
observed: ‘We are not prepared to hold with the learned 
Judges of the High Court that the Government, in the first 
instance, are bound to seek the aid of the civil courts, to 
exercise this power. Any member of a community to which 
a religious institution belongs, has the power to remove even 
an independant hereditary trustee with the aid of the civil 
courts (I. L. R. Ill Bom. ; page 27, Til All., page 636 and 
T. L. R. Yol. YII page 63). Reason points to the conclusion 
that the Government, which is parens pairta, must posses 
higher powers than those of its subjects. We think that the 
executive, on being satisfied of the existence of strong grounds 
lor its iterference» may assume the management of public 



23 


trast<i, without prejudice to the rights of the aggrieved parties 
to obtain redress for wrongs committed upon them, by an 
appeal to the judicial tribunals in due course of law. , The best 
interests of public trusts require tbcat the Government should 
posasess this summary power. If it is obliged to remove by 
suit every defaulting trustee, the consequence would be very 
serious to the interests of religious institutions.” 

This power, declared by the highest Court in the land 
to belong to Government, ia now taken under section 5 of 
the Bill. The cases in which Government may assume 
management of an endowment under this Bill are detailed 
in that section. Excepting the most dishonest and the most 
reckless trustees or managers, no one can take ^ception to 
the conditions imposed by this section. So far as the 
interests of the present managers of the endowments are 
concerned, the grounds for Government interference and 
assumption of management are most reasonable and fair. 
Gross negligence or misappropriation of trust funds has 
been the ratson d'etre for Government interference in the 
past, a customary law which has since been recognised by 
Courts and is now made the basis of action for the present 
Bill. The other cases pointed out in the section are equally 
valid grounds for Government interference and action, viz., 
where an application is made in that behalf by the trustees or 
donors, where Government already exercises a partial control 
in the management of the endowments by the appointment of 
certain officers or servants in them, and lastly where 
Government have succeeded to the right of management 
wholly or in part by reason of escheat of trustees. 

The propriety of these conaitions being taken as 
justifying grounds for Government interference and assumption 
■of management will, it is hoped, receive universal assent. 



24 


But I have heard it stated, to my great surprise, as a dogma 
of what I should designate as fashionable ignorance that 
Government institutipns tnemselves are not perfect, that 
Government managenient of their own temples and charities 
are not unexceptionable, that Government management of 
the religious and charitable endowments comprised by this 
Bill will not be a panacea for all ills, that the present 
management by private bodies of these institutions is very 
excellent and should be taken as models for Government 
officers to follow in the management of Sircar temples and 
Sircar chanties* It would have boen hard for me to believe, 
knowing as I do from long personal experience the condition 
of Sircar temples and non-Sircar ones, I say impossible for 
me to believe in the possibility of such a etateioent being 
made by any one acquainted with the country, if I had not 
actually heard and seen such statements made to me by 
some of my correspondents Pause for a moment to consider 
what is the real condition of Sircar managed institutions 
and those managed by private bodies Take any temple 
assumed in 983 M. E. by Colonel Munro, the then Bewan- 
Eesident. There was a settlement of gardens in 993 E*, 

another in 1012 M. E* and a full settlement of gardens and 
lands now going on throughout the State since 1060 M* E* 
In almost every case, the rental of the properties of every 
endowment has increased by either 25 p c , or 50 p. c. or more. 
The properties themselves are intact and are increasing in 
value every year. They are in the hands pf ryots regularly 
paying the Bevaswams, as upon Government lands to 

Government itself, and there is no likelihood in all human pro- 
bability of either the properties or their rental diminishing in 
value in the near future. Bat, on the other hand, take any tem- 
ple managed-by private bodies* In the majority of oases 



25 


of the properties have been alienated. Sometimes the 
iniohavarom-rentg have been sold and even the right o£ 
trusteeship itself is mortgaged or heavily encumbered. The 
colleciion of the rents is a tardy and cumbrous procedure 
requiring the aid of oiVil courts, and hence seldom satisfactorily 
done, and where the tenants are honest and law-abiding, as 
is often the case in our country, the rents if paid, do not 
reach the temple coffers, as they are generally divided between 
disputing Ooranmahars or the tomple-trnstees and servants. 
The ceremonies in such temples are never gone through 
systematically or regularly. There is no fear of check or 
control. The public opinion of the village is ineffeotual The 
temple-doors are seldom open, the nivadyams and poojas are 
defunct. Even the officiating sanficaren is not paid his wages, 
Sometimes the temple properties are attached by civil courts 
and sold for payment of servants* wages. As if all these were 
not sufficient evil unto the day, there is the element of 
wrangling and strife, continually going on, between the 
managing trustees, and a constant stream of litigation flowing 
into courts, courts both of which causes act as a permanent 
drain upon the temple revenues. I have in my hands a list 
of 51 temples and charities in Travancore owning much wealth, 
where mismanagement and deterioration of the kind depicted 
above have been going on for years* and it is the opinion of 
well-informed people that the condition of these institutions 
will be past rescue, if Government action comes too late- 

On the other hand, what is the worst thing that can 
happen in a Sircar-managed institution ? Some petty peculation 
within the sanctioned ‘ Paditharam ’ (Dittom) of the day’s 
or monthly expecditure. I do not mean to say that it would 
not be better if such petty pecuiation and corruption were 
Altogether abolished from our I temples and charities, bub 



29 


State tg othe^ institutions suffering from neglect or mis: 
management No Departure from any established usage or 
principle of this Government is intended. There is no 
analogy, therefore, between what was attempted to be done in 
British India and what thU Bill proposes to do. 

There seems to be a general apprehension that 
assumption of management by Sircar miy lead to the 
incorporation of the properties of those endowments with the 
public revenue* This is wholly unfounded. Such is not the 
intention of Government j and X beg to invite the attention of 
the public to section 0 of the Bill which lays down: — ^“Our 
Government may withdraw their management of any endow- 
ment 80 assumed and return the same to the original trustees 
or their heirs. If they are satisfied that such a measure will 
protect the interests of the institution.” In my recent circuit 
to South Tarvancora, I understood that it was also generally 
feared that Government will appropriate to itself the savings 
of the institutions assumed by them during the time that such 
institutions are under their management. This is another 
meaningless fear equally unfounded, as it is not clear how 
there could be savings in an institutiou assumed under the 
Billon the ostensible ground olmtsmanagement and mis- 
appropriaUon of funds by present trustees. It is enough, 
however, to assure the public that such is not the intention 
of Government. 

I will nest invite your attention to the principal sections 
of the Bill. 

Sections 2 and 3 define what institutions are meant to 
bo comprised by the Bill. 

I have found it as the result of my inquiries that there 
is an almost universal feeling in ;bhe minds of the public that 



to add further testimony to the weighty evidence already 
presented to this Council on the point, I beg to refer you to 
the following opinion of Sir Alfred Lyall who has made a 
life-long study of Indian question. He writes “ The immedi- 
ate authority and close supervision of a monarch over the 
powerful religious interests with which he has to recken at 
every step is a matter of political expediency, not an affair ol 
doctrine or opinion, but a recognized duty of the State ” This 
salient principle received emphatic support at the hands of the 
Madras Government in their letter No. 73 dated 26th May 
1894, in which they observed : — “ His Excellency the Governor 
in Council has no hesitation in expressing the opinion that the 
policy of severing all connection between Government and the 
religious institutions of the country which was enunciated in 
1839, given practical effect to in the following three years and 
invested with legislative authority in 1863 was a grave error." 

I am aware that the^Government of India hold a differ- 
ent opinion. In their order dated 7th February 1900, they 
disallowed the Devastanom Bill submitted by the Madras 
Government, on the ground that it "departs from the 
principles laid down by the Government of India in their letter 
Of the 7th September 1894 and still maintained by them." It 
is not for us to question the wisdom of the policy of tho august 
Government of India as laid down m that despatch, or to 
controvert the arguments which have found fovour with them 
for sticking to their long-formed resolution of strict non-inter- 
vention in the management of the religious institutions of the 
nation ; but I need not say more than this, that this Hindu 
Government of Travancore are managing certain Hindu 
religious and charitable institutions, that this Bill simply 
seeks the extension of the benefit of the existing policy of the 



29 


State tg otbar iuBtitutions auffeting from neglect or mis- 
management Ko Departnio trom any established usage or 
principle of this Government ia intended. There is no 
analogy, therefore, between what was attempted to be done in 
British India and what this Bill proposes to do. 

There sterns to be a general apprehension that 
assumption of management by Sircar niiy lead to the 
incorporation of the properties of those endowments with the 
public revenue. This is wholly unfounded. Such is not the 
intention of Government ; and I beg to invite the attention of 
the public to section n of the Bill which lays down: — “Our 
Government may withdraw their management of any endow- 
ment so assumed and return the same to the original trustees 
or their heirs. If they are satisfied that such a measure will 
protect the interests of the institution.” In my recent circuit 
to South Tarvancore, I understood that it was also generally 
feared that Government will appropriate to itself the savings 
of the institutions assumed by them during the time that such 
institutions are under their management. This is another 
meaningless fear equally unfounded, as it is not clear how 
there could be savings in an institution assumed under the 
Bill on the ostensible ground of mtsmanagement and mts- 
appropriation of ’funds by present trustees It is enough, 
however, to assure the public that such is not the intention 
of Government. 

I will nest invite your attention to the principal sections 
of the Bill. 

Sections 2 and 3 define what institutions are meant to 
be comprised by the Bill. 

I have found it as the result of my inquiriei that there 
is an almost universal feeling in the minds of the public that 



30 


all the Hindu religious, and charitable endowments in 
Travancore should be brought under the protection of the la^\* 
About 8*5 per cent of my correspondents have expressed 
themselves in favour of including all endowments, whether 
large or small. They strongly deprecate the exclnsion of any 
endowment, on the ground of smallness of its endowed fund* 
In the words of Mr Sivasubrahmanla PLUay b. a., an 
experienced High Court Yakil of South Travaucore — Every 
endowment should be brought under the scope of the Bill, 
irrespective of the value thereof Endowments are made by 
persona with a view to secure spiritual benefit, and admittedly 
it is the duty of Government to carry out the intentions of 
the donor and to conform to his wishes as far as possible* 
Thera is no reason for saying that only rich men’s souls should 
be saved, and those of the poor donors should be left in the 
cold. Spiritual benefit is the same in prince or peasant. 

I would, therefore, bring ThanneerpanialSf Chumaduthangtes 
and Vazhtambalams S:c. under the Bill, Tbo Thaunterpandah 
form a numerons class as charities and in some oases, say at 
Kumaracoil near Padmanabbapuram, at Mandakkad, at 
Suchindram during festive occasions, the relief they afford to 
tens of thousands of people is simply incalculable* '-fhe 
existing charities should be maintained and those in disuse 
should be resusaitated." 

I will not trouble the Council with more than one other 
quotation, and that is from a distinguished former Chief 
Justice of Travancore, a gentleman well known in this part of 
India for his high juristical attainments, I mean Mr. T. Cbel- 
lappa Pillay, b. k. and b. l. o! Jaffna* He writes : — "All 
kinds of religious and charitable institutions having funds 
for their up-keep should, irrespective of their value, come under 
tbo operation of the Bogulation. The Sovereign should extend 



31 


His protection to every charitable institution, however 
■insigaificant it may be. The aggregate value of several 
endowments may be vary large. If all belonged to the name 
institution, they would certainly come under the operation 
of the Regulation. Why should not they, simply because they 
are scattered over diRerent parts of the country?" 

On anothsr point viz , the mismanagement of temple 
funds, Mr* Ohellappa Pillay writes thus as the result of his 
own personal experience : — ^tn ‘'Travancore, I have personal 
experience of the temple at Anantanarayanapuram near 
Alleppey, whose annual income is said to exceed half a lakh. 
The quarrels among the Adhikarias ended in a suit filed in 
the AUeppey Zillah Court about the year 1046. When the 
suit was filed there was not a cash in the treasury of the temple. 
The daily pujas &c. were performed by borrowing. At the 
^nd of five or six years » the receiver appointed by the Court 
had in fais hands between one and two lakhs (I speak from 
inemoryO Can there be stronger proof than this of the 
mismanagement of temple funds ?" 

•It is, therefore, deemed desirable to apply the provisions 
of this to all religious and charitable endowments of whatever 
value. 


The object of the proviso to section 2 is obvious, and 
will be acceptable to the public. It is not intended to bring 
any private temples under the operation of the Bill. They 
will be excluded on the ground of there being no dedication 
to public. The remarks of Sir T. Muthuswami Aiyer's 
Oommitfee are specially valuable on this paint. They wrote! — 
Private temples are not placed within the scope of the 
proposed Act. According to the definition given in the draft 
Bill, a temple is a place of religious worship ‘dedicated to 
or used as of right by the Hindu community or any section 



32 


thereof.’ It cannot be held that private temples have beea 
dedicated publicly and formally to the Hindu community or 
even any section thereof. They are places of worship for tha 
use of particular families, and this, their essential character, 
is in no way altered even though persons not belonging to 
these particular families may be permitted to worship in 
them- Neither Regulation VII of 1817 nor Act XX of 1863 
takes cognisance of private temples. We have no reason to 
doubt that, with a careful local inquiry, it can be ascertained 
whether a temple is dedicated to the public or not. That 
there are such private temples is a matter that admits of no 
doubt and we have thought it improper to recommend that 
private temples should be brought under control for the reason 
that practical difficulties may crop up in distinguishing 
private from public temples.” l?Many of the temples m the 
Malabar District are claimed by the rajahs or ooralars tobs 
private temples and, if such claims are valid, those temples, 
according to our definition of the word temple, lie outside 
the scope of the Act. All the other temples, i. e. all such as 
are not claimed to be private temples, fall within the category 
of public temples managed by hereditary trustees- Tn the 
case of these temples, there is a clear necessity for pro- 
viding safeguards against abuse of trust, and there is no valid 
gorund for drawing a distinction between them and other t;ni* 
pies of the same class in other districts of the Presidency ” 

Section 4 does not require any explanation- Section 
611 of the Cival .Procedure Code (Regulation II of 1065) will 
not apply to the endowments dealt with by this Regulation, as 
the special procedure laid down here will obviate the need for 

civil litigation, which is not only tardy and cumbrous, but 
ruinous to the interests of the endowments themselves in 
every way. 



33 


I will pass ovor section 5 as a full reference Has already 
been made to it. Even tbe most peccant trustee will see the' 
fairness of the ‘conditions imposed by this section. 

Section 6 will satisfy the public that G-overnment does 
not mean to taka any hasty steps in the case of even the most 
grossly mismanaged endowments. On representations or 
informations received of the unsatisfactory working of any 
institution, the Dewan'will make inquiries through a responai-, 
ble officer of Government not inferior in rank to that of a 
Dewan Peiabcar, and act on auc'h report if Government is 
satisfied that assumption of management is necessary. The 
enquiry will be conducted under the provisions of Regulation 
VI of 1073. This will be another guarantee that well-conducted 
endowments under their present private agencies will not 
be transferred to Government management, except after 
earnest and serious deliberation* The fact of assumption will 
be notified in the Government Gazette, and in four weeks after 
the notification, the management, will vest in Government* 
On such assumption, these endowments will, in every way, be 
treated exactly as those at present under Sircar management 
are. 

Sections 7 and 8 indicate the manner in which the 
assumed ondowzaente will ba dealt with by Government after 
assumption. They will be administered either by ofiloials 
appointed for the purpose or by committees consisting of 
officials and nonofficials. Seme necessary qualifications are 
indicated to entitle a man to become member of committee 
of management. The Council will not require any expla- 
nations from me on these qualifications, which are obvisoualy 
necessary. In case of management by committees it is laid 
down that a committee member shall bold office for 3 years, 
•unless he is removed or resigns* The cases when he may bo 



confeinued absence or wilful neglecfc, on the part' of members 
A large proportion of meetings in the Educational Boards 
and Town, Improvement Gommlttee^ of Travancore have, year 
after year, failed for want of a quorum, which undoubtedly 
means, in the majority of instanced* extreme unwillingness or 
indifference to the duties, pertaining to their merabarships. 

I was informed that 95 per cent of the Educational Boards' 
meetings failed in one year on this account. Though I cannot 
assure the Oounoil to what extent this information is reliable, 
it shows one thing clearly, that our people do not yet quite 
realize the leaponsibility of rendering honorary services. It 
is no use to have a committee of honorary members with 
duties of an important nature to discharge, on the under- 
standing that the members cannot be called upon to do any 
work. I have been told that with this punitive section, no 
man will be willing to become a member of a committee 
under this Regulation* My answer would be, “ Be it so. We 
shall have no committees.” But I am firmly convinced that 
it would be worse than useless to have committees which 
would-not meet 95 times out of a hundred convened for 
conduct of business in a year. ’This CounoU of ours, I am 
glad to say, has not suffered even for once during the last 12 
years for want of a quorum though its members, official and 
non-offioial, are all busy men engaged in various avocations 
of life, because no member of this Council has ever been 
absent from its meetings without just or lawful excuse. 
When we have committees in the moSusil, it should be out 
aim to call in the services of e amest and public-spirited 
citizens who would del’gbt to render yeoman services to 
the institutions in their neighbourhood, as far as lay in their 
power. This unwelcome section will then remain a dead 
letter. The provision is taken from the Ceylon Ordinance 



No 3 of 1869, in a slightly modified form. Section 39 of 
that ordinance lays down that a member “ shall forfeit for 
such first-mentioned act of relasal the sum of twenty rupees.”” 

Section 16 enables the Dewan to call upon trustees or 
managers of other than assumed endowments, to submit from 
time to time accounts of income and expenditure) list ol 
properties, jewels, vessels &c., of the endowments under their 
charge and to depute for examination and scrutiny officers 
of Governtnent to satisfy itself that such endowments are 
being efficiently and honestly managed, and that no necessity 
exists ifi their case, to adopt the drastic remedy of Government 
itself assuming the management, as provided for in thii 
Regulation. It is firmly hoped that this provision will act ai 
a wholesome check on the tripping managers and trustees of a. 
numerous class of valuable endowments* 

The necessity for section 17 will be clear to the CourioiI> 
for the Bill is made as cotioise as possible and will have to be 
supplemented by rules which under the section, the Bewan 
cau frame from time to time.^He can also prescribe the neces- 
sary forms for accounts, statements and returns, to be 
submitted by trustees, officers or committees under this 
Regulation. 

Whatever the defects or incompleteness of the Bill, it 
will not, I hope, be denied that no pains have been spared to 
study the pist or attempted legislation of British India on the 
subject, or obtain the opinions of competent persona both in 
and out of Travancore. The British Indian Acts VII of I817» 
XX of 1863 as well as drafts of SirW. Robinson’s Committee 
Bill, the Madras Bill of 1887, the Honorable Si** T Muth- 
svvamy Iyer’s Committee Bill, the Honorable Kalyanasundarm 
Iyer’s Bill, the Honorable P. Ananda Charlu's BUI, and th(v 
Ceylon Ordinance No. 3 of 188^, were consulated in this 



ss 


oonnoct;on,»nd to ™ on 

nations trsmod npaoinlly for the purpose. Only 
a series o go replies, of which 22 replies 

fipgentlemeuha^^^^ i- Mnlayalam, The 89 consist of 2 
*^" '“^“%ofJiciaJ3.8vakil8,and 49 private gentlemen Of 
” . excluding ryots, farmers and small land-lorda, 

j ara more or less importancea in the 

oiiotryt ® Bi'ahmin dignitaries and 2 Madambimarg, 

The Coaocil will be pleased to know that all these 10 Jenmia 
jirs unanimously agreed m thinking that some sort of 
<Jovernment supervision and modified interference in the 
managfluient of these endowments is absolutely essential in 
their interest. At a future date, the substance of these views 
may be collected and placed before the Council as an aid to 
our future deliberations 


A wish has been expressed in some quarters that it is 
desirable to include Christian and Mahomedan endowmants 
of a similar nature under the Bill; but it is considered more 
advantageous to take them up later on, should such legislative 
protection be deemed necessary for them by the members of 
those communities themselves. 


In concluding those remarks, I beg to point out that it 
is only an enabling measure that is attempted here, nndsr 
which Government may act as necessity arises; let us hope 
that the necessity may never arise for Government interfernce 
under this law, that erring trustees will take the hint and 
administer the important and valuable endowments under 
thoir charge with an eye to thoir prosperity and the welfare 
of the beneficiaries under the trusts, that the honest and 
well condnoted trustees will see in this pieee of legisUtien a 
recogmtion and reward for their past meritorious services ,and 
a legislative commandment to their neighbours to follow their 



39 


noble example and do Uke^viae, that the aonls of the departed, 
donors may rest in peace in the satisfaction that their bene- 
ficence IS maintained and prepetaatfld, that future benefactors 
might feel prompted and encoaraged to follow in the wake 
of the illuscrioUB dead and help their lesser countrymen, in 
the firm confidence that trusts once created will remain 
intact and cared for, for all time to come, and that thus the 
general prosperity of the nation might develop and increase 
in every way." 

Mr. Nagam Aiya then proposed that the discussion of 
the principle of the Bill be postponed to the next meeting. 

The motion was put and agreed to* 



HINDU RELIGIOUS AND CHARITABLE 
ENDOWMENTS BILL 


, Mr. Nagam Aiya:— The third stage, Sir, of my Bill 
having been now reached, I will, with your permission, make 
a few obaervationa before asking the Council to affirm its 
principle. It will not be denied that the public have had the 
fullest notice of the Bill and have had the amplest opportu- 
nities of understanding its scope and provisions. Local 
opinion has been sought on the measure to the fullest extent 
possible, and those who have not favored us with their views 
until now, are not likely to do so under any ciroumstauces , 
and with your petmUaion, Sir, the opinions of eminent 
authorities outside Travancore were also sought and secured 
and I take this opportunity of thanking those gentlemen who, 
although outside the sphere of our influence and totally 
unconnected with our labors, have yet sacrificed time and 
trouble in our behalf and in what they consider the cause o[ 
sound andjbeneficial legislation in Travancore. The opinions 
80 collected are extremely encouraging, and, so far as the 
principle of the Bill is concerned, may be said to be practically 
unanimous- These^opinions wUl be briefly referred to. 

I^will first* deal with the vernacular opinions or those 
submitted.in Malayalam, the English language being intirely 
unknown .to the signatories. There are 39 such papers in all 
(opinions and petitions included} received on the Bill after it 
was introduced into the Council 7 months ago. Of these 89 
papers, 31 are in favorjand the remaining 8 may be said to 
oppose it. Thejletter of the Edappali Chief which is included 
in the above 89, merely prays that the temples in his 
Yadavagai or estate may not bo brought under the Bill. Two 



petitions, included in the above said 39 papers, pray for more 
time being given for consideration of the Bill. Of the 8 dis* 
senbients, 4 are petitions from Malayala Brahmin jenmis, J is 
from the Ambalavasis of Thazhakkara in Mavelikara, 2 are 
opinions of individual jenmis and 1 is from a Nair Vakil of 
the High Court •who at first seemed to bs very much taken 
up with the inbended legislation, butuho has, under wiser 
counsels -parbapa, since recanted. Etclaciing this Judas Iscartot 
from our consideration, there are 7 papers which I have 
carefully scrutinised. The Council \%ill not expect these 
innocent Na'mboories to draw a fine line of distinction between 
the principle of a Bill and its provisions. That is a distinc- 
tion known 'only to the'learned few. 

One of these 7 papers said to proceed from a Nam- 
booripad says, that as Government already posses the power 
to assume any Hindu Religious or Charitable Endowment, 
no special law is needed ; that if Govornmont takes power 
under the law to assume any Hindu endowment, they should 
similarly take power to assume other non-Hindu endowments 
as well ; that the acharoms of the people as a wholo require 
modification and improvement in several particulars; and 
that the condition Of some mis-managed endowments will not 
justify Government to take power to assume any endowment. 

Another paper proceeding from a Potti of Vembayom 
urges that many temples assumed by Government since 980 
M. E. are nob themselves well-roanaged ; that the Bill con- 
tomplatea only the protection of tomplea now being v,ell- 
mnnaged , that the present nou-Sircar temples, having been 
declared independent of Government when the other temples 
wore taken, should be allowed to continue as such ; that it 
is unfair to prohibit suits agiinst Government which might 
arise under the operation of the law; and that his reason for 



most of them seem to be laboring under one mistake, shared 
in oven by those who ought to know better, that private 
temples will be declared to be ‘public* and that G-overnment is 
determined to assume all endowments whether public or 
private, whithout any reason or justification — two ideas, both 
of which, as the Council well knows, are wholly foreign to the 
spirit of this Bill 

Per contra, the opinions of the supporters of the Bill 
will next ha referred to. Oat of the 28 papers, received in 
support 18 are form Namboori Brahmin jenmis, 3 from Para- 
desa Brahmin land-lords, 6 from Ambalavasies, one from a 
Sudra dignitary and one from the Konkanasta Brahmins 
of Ambalapuzba Porakkad* As they all welcome the measure, 
pointing out specific instances of mismanagement and mis- 
appropriation of temple funds, I do not think it necessary 
to dwell further on the details of their opinions. It is 
enough to observe that they are unanimous in supporting 
the Bill, and that they represent the mass of Namboori and 
Ooraler communities whom the Bill will affect, and who. 
therefore, speak with the authority of personal and local 
knowledge of the circumstances of the endowments it deals 
with. Every one of the signatories in the above 28 papers 
is cither a Tunthri himself, or an Ooralen, or a ICaranma, 
or a Bthanika of some temple in North Travancore, and 
cannot, therefore, be accused of a mere academic interest in 
the matters of which he speaks Their representative character 
may bo gathered from the following details of some of the 
signatories 

One is Puthumana Damodaran Nambooripad of 
Ampalapuzha, a genteleman personally known to me for 
about 20 years and his testimony ia particularly valuable 
to the Bill, asjho is the Tantri of the important Sircar temple 



45 


at Ampalapuzha and of more than 50 non-Sircar Ooralma 
temples in the State basides He is a middleaged, calm, and 
thonghtful-looking sort of person, and in kno'w ledge of the 
condition and wants of these temples or their properties^ 
be is prabably unsurpassed by any other Namboori dignitary 
in the land. The aged Potti of Ongalloor, said to ba 82 years 
old, and himself one of the Ooranmakars of the Payippand 
temple in Changanaseri, bears unmistxikable evidence as to 
the deterioration of numerous temples with in his own personal 
knowledge owing to the want of cheat or control and the 
necessity for a law of the kind now thought of. 

Here is the evidence of one Narayana Mangalatbn 
Moothathu, one of the Ooranmakara of tbe Trikkudithanam 
temble, said to be one of the temples founded by tbe Pandavas 
in Malabar. He writes: — " There were more than 2,000 paras 
of paddy lands and 160 compounds belonging to this (Trikkudi- 
thanam) temple. More than three-fourtha of the properties 
are alienated The present income will be just sufficient, if 
properly cared for, for its bare maintenance But owing to- 
the difference of opinion among tbe managers, the income ia 
wasted.” “ The incomes derived from the trust.properties are 
not utilized for tbe purposes of the temple. Tbe affairs of the 
temple were managed by my family and by tbe Ssmudayam 
and Koimas appointed by the Pazboor Mana, There were no 
competent persons in my family and, therefore* the manage* 
ment of the temple was taken up by the Ooranmakara, 
though they had nothing to do with the temple formerly* 
Tbe present manager is Ayoradathu Potti. Koimas and 
Samndayams do not now exist, but expenses on that item will 
be found in the account," 

*‘ This institution is enriched by the bounty of rich; 
cithens. There is provision made for Hwadesi namskarams- 



45 


and other charities. The sreekoil, mandapom, dhwajam do. 
are constructed by the karakars* If such a rich institution 
as this IS governed by proper managers, this will soon 
reach a prosperous condition 

“When the present Bill becomes law, id will ba a 
“ source of protection and safety to all the endowments of 
“ the kind.” 

Mathor Panikerj a Sudra of the first rank and 
possessing high privileges and large estates, is another 
valuable witness, who writes : — 

“ Private temples are rightly excluded from the scops 
of the Bill. Temples which are established by a group of 
families for their own use may also be included in tbs 
category of private temples. All other temples are meant 
for the use of the public in general. Their managers look 
after the affairs in the capacity of trustees The arrears of 
pattern in these endowments cannot be collected according 
to the provisions of the Bill as Government arrears of tax# 
But civil suits must be made to collect ouch arrears as 
Government dues, 

" The period of limitation to these properties must also 
be the same as that allowed to Sircar properties. 

The Ananda Narayauapuram temple at Alleppey and 
Takazby temple have lost most of their properties. Oharapa- 
kulara, Koyikaray and Ohaniyathukavoo Bhagavathy templo 
have been completely blotted out of existence. 

** If a law of this kind had existed in the past, these 
oharitable endowments would not have incurred such' losses 
as they have already incurred. 



47 


"Thia Bill will be greatly acceptable to' the public. If 
any body raise any objection, it is because he is ignorant of 
the wishes of the people. It is admitted by many that this 
Bill will be beneficial to a groat number of people.” 

I will pass over the opinions contained in the other 
vernacular papers and proceed to a brief consideration of the 
English opinions received* The best support to the Bill comes 
from them; and though a large number of my Valued corres- 
pondents will disclaim knowledge of any local conditions or 
local circumstances, the Council will remember that there is 
nothing special or local in the creation of trusts for religious 
or charitable purposes, such not being confined to any nation, 
age or clime So, the adminstratioa of trusts as the inoumhent 
duty of the Sovereingn has been recognised by the law of all 
civilized nations, both in the past and the present. And my 
correspondents, as men of cnlture and experience gained from 
their life-long careers as statesmen, judges, civilians, revenue 
officials, or lawyers, both in and out ol Travancore, are most 
fitted to speak on the subject, with an authority which cannot 
be disputed, and the Council will be gratified to learn that the 
volume of such opinion secured in our support is strong and 
irresistible, thus showing, on tbeir part, .that the cause of 
these ancient and valnahie endowments ie dear fro them, no 
matter at what distance situated or under what different 
sovereignties. To this chorus of valued and weighty opinion 
in support of the Bill, there is however, one notable exception, 
and that is the memo of Mr. Sbungrasobyer, c. i E-, the 
late Dewan. I have studied this opinion carefully and 
have bean astonished at the curious jumble it contains of 
pedantry, patriotism and extreme socialism. And if I did not 
owe some regard to the distinguished position which bo bold 
in His Highness’ service, I should have altogether discarded 



46 


it from notice and spared the Council the labour of listenmg 
to a refutation of his worthless criticisms. But as it 13, 
I may be expected to refer to the memo, and I will just refer 
to one or two of his statements The minor points of 
difference will be passed over. 

Mr. Shungrasoobyor has come to the conclusion that 
“ the Bill is ob]ectionabla in principle and that it is un- 
necessary, inexpedient and impolitic,” a conclusion which 
18 by no means formidable, for Mr Shungrasoobyer is, after 
all, nob a professional lawyer but a layman like myself. And 
when to this fact is added the circumstance, that this piece 
of legislation has been started at the instance of our learned 
President, whom the erudite Mr. Chellappa Pillay styles as 
our * Jurist-Dewan and when the Council remembers that 
the learned Judges of our High Court observe that “the 
object of the proposed legislation, viz. the better protection 
and proper administration of Hindu Religious and Charitable 
institutions, must commend itself to every right-thinking 
man and is likely to command the sympathy of all Hindus." 

Whatever difference of opinion there is or may be" 
they said—” there can hardly bo any as to the cardinal 
principle alErmed by the Bill, viz. that it is the undoubted 
right and duty of the Goxernment or Sovereign power to 
interfere in the affairs of these intsitutions, whenever such 
a step is found necessary for their conservation and pro' 
teotion” ; and when it is further known that, amongst the 
supporters of the Bill, are such honored names as those 
of Mr. A. Sashiah Sastri, 0 b i., the Honorable Sir, 8 . Subra^ 
mony Iyer, k 0 , I. e. the Honorable P. Rajaratna Miidaliar, 
Bawan Bahadur, 0.1. e., Mr. V. P Madava Row, c I. e, 
Mr Kerala Tarma, 0. s. i., Valia Coil Tamburan. Messrs. 
T Chellappa ^>11^7*® a ,b l., Dewan BahadurReghunathaBao,, 



A9 


Bomeah Chunder Dutt o. i. E , T» Yedadrisadasa Mudaliyar, 
Honorable 0. Jambulinga Mudaliyari Rao Bahadur n. a. u. l. 
Mr Eai Hukum Chund M. A., Mr. Rai Bahadur Srinivasa Charlu 
(Superintendent of Charitable Institution, Mysore), Mr. M, R* 
Eimakrishna Iyer, b.a. b.l, fm.ti., and Mr. K, Kuruvila b o B- 
the Council will readily recognize that Mr. Shungrasoobyer’a 
opposition is not only impoUnd^ but quite %nnocuous> 

Mr. Shungrasoobyer writes: “Statements of mis-manage- 
ment, mis-appropriation, fraud <S:o. in the case of trusts of the 
kind under consideration are readily made. But their anthors 
seldom stop to analyse. Impressions formed from hearsay, 
from appearancesi or hasty generalisation, may lie at the 
bottom**, and then, in the same breath, he says, “there is no 
denying the fact of deterioration which is a common feature 
■with all these old institutions’*. “The alienation of temple 
properties, nonrecovery of rents, irregularity in the perfor- 
mence of poojahs and other ceremonies, servant’s wages 
falling in arrears, frequent civil suits, enforcement of decrees 
effecting raichavaroras, all these portray the course of deterio- 
ration going on.” These contradictory statements appear to 
me to be extraordinory. If the deterioration is a fact, as 
testified to by himself, I wonder what need there can be for 
“a regular, systematic and open local enquiry'* of which ho 
speaks. As regards the enquiry and the nature of the Data, 
furnished by me in previous speeches, I will quota Mr. P. 
Chollappa Pillai’s words. Ho writes, “Mr. Nagam Aiyer has 
at great pains done what a Boyal Commission in England 
did in 36 years at a cast of 2,40,000 (17, Jurpart II, 
pige 113). Any further enquiry will, I think, bo a msra waste 
of time and money* Mr, Nagam Aiyer’a enquiries havo 
elicited the fact of gross abuses prevailing in many of tho 
temples.” 



50 


m nt ^ ^•'““g'asoobyer'ii astounding state- 

ments, that at no period, I think, the outside public ever care 

o know the internal economy of these institutions. Much 
less would they interest themselves about them now. when a 
change has come over the spirit of the times The mover 
draws a vivid picture of the decline of the temples managed by 
private bodies, and, as an illustration, mentions the Ooralma 
Devaswom at Thrivikramangalam " “ The Ooralma temples 
have suffered. They are m decay Quite true. But has the 
community or any section thereof anSored ? Is the State worse 
ofi on that account ? Has the social, industrial, economic or 
intellectual progress been thereby retarded ? The Thrivikra- 
mangalam Devaswom is in a bad way. But which man or 
woman residing in the neighbourhood is really afieotsd or 
aggrieved with regard to these statements, I bsg to draw 
the attention of the Council to the following forcible remarks 
of the Honorable Eao Bahadur Jambulinga Mudaliyar, n A.u i,., 
which I quote from his Note on the Bill, He says-'-" Judged, 
therefor, from past experiece. whether in British India or in 
Travancore, an efficient supervision and control over the 
management of trustees seem to be essential to keep them 
straight. Doubt has been expressed whether it is necessary at 
all to take notice of the condition of these institutions and 
whether it would notbe well to leave them severally alone to 

take care of themselves. In one of the critioisms on the present 
Bill, I see it stated! ‘The Ooralma temples have snilered. 
They are in decay. Quite tme. Bat has the community or any 
section thereof suffered? Is the State worse off on that account ? 
Has the social, industrial, economic or intellectual progress 
been retarded thereby ? The Thrivikramangalam Devaswom 
is in a bad way. But which man or woman residing in the 
neighbourhood is really affected or aggrieved ? ’ I do not 



61 


know what following these views have in Travancore, 
AU I can say is that these are arguments in favour of the 
gradual extirpation of all Hindn religious institutions as 
useless appendages of Hindu eociety* It does not seem to 
he quite relevant to consider whether the State will be 
worse off on that accoat or whether the social, indastrial and 
other such progress will be retarded* I do not believe 
that Hindu society has so far advanced in ioonoolastio ideas 
as to favour the extinction of its hoary and time-honoured 
religions institutions, nor do I believe that such a time will 
ever come. So long as the beliefs and afieotion of the society 
are centred in those institutions and so long as they are not 
of positive harm and mischief to the State, it seems incumbent 
upon the State to adopt suitable measures to protect them 
from ruin, a condition that would wound the tenderest 
susceptibilities of their votaries This seems to me the 
stand point of legislation and administration. Farther, the 
State cannot afford to be an indifferent spectator to the 
systematic practice of fraud and corruption by the nnoontroUed 
trustees of public money, without incurring in public esti- 
mation the obloquy of unfeeling inattention bo the people’s 
welfare, and it cannot safely permit the wholesale contami- 
nation of the sanctuaries of public devotion with the vice 
and peculation of their Venal officials.” “ A close adherence 
to the forms and models of British Q-ovemmeut in all matters, 
without consideration of subjeots and circumstances is not, 
by any means, essential to the progress and well-being of 
Native States. I fully appreciate the force of reasoning in 
the following sentences of Mr. Nagam Aiyat : — * This 
Hindu G-overnment of Tmvancore are managing certain 
"EeUglous and Charitable institutions, —.this Bill simply seeks 
the extension of the benefit of the existing policy of the State 
to other institutions suffering from neglect or mismanage- 



52 


of thi, LTtenTer'*^ L?' 

Bay thateven .^Z ZTL'°' ' 
were not already tnanasiDir ornment of Travanoore 

»ow conten.p,atL “ all T' Tr 
they would be within the aplJe 'of't“ 

••‘Bthey would be acting i! 

ti^e-honoured tradition: o, all ““ 

thus: -“An orthodox TyT" “V*’" 

that by doing some charitable act toll . 

way. he benefits his own soul ^ in any 

the departed members of bis T T 

takes many and various shapes, t’^’i 

and choultries for the P“l>lio worship 

important institutions generally d^^ are the most 

invariably makes proviBiolorl donor 

hie surviving heirs or friends to ami entrusts 

demise. If these people who ar charities after his 

carry out the intention of the donor 

Sovereign to interfere. Aeenru- ‘*>b duty of the 

relation between the Sovereign a“d h' 

according to the sastras, the Soy • ®“''Jbc‘b is such that, 

a share of the good or elil ’’““““bb liable to bear 

the need for Government 1 11 S--’ 

created and endowed by thp shk, ♦ ^ Protect the charjtiea 

do so cannot be questioned even fl ^‘b right to 

»or a moment. 

“ The British Government, in the 

vised all the temples in their disfri^r Burlier days, supor- 

B under Bogulation Vir 



53 


of 1817. It 'waa only about tbe year 1841 or i842 that* under 
some religious scruples, or for some reason best known to them, 
alone, they disconnected themselves from tbe management of 
the religious institutions. As a matter of course, those insti- 
tutions became badly m maged and have suffered much ever 
since. I may also safely say that it is the opinion of the aged, 
and highly experiended orthodox Hindus, that ever since tbe 
period of that diaoannectioo, poverty and distress of some 
kind or other has prevailed and people have suffered in various 
ways. As remarked by a European, high in office, the mis- 
management of those institutions has scandalised public 
feeling. Hence, no one who is a real Hindu following tbe 
precepts of the Hindu religion will hesisate, even for a. 
moment, to welcome the introduction of the Bill under con- 
sideration, unless his mind labours under some strange ideas 
or misapprebension." 

Council will be gratified with the following state- 
ment of Sit Arthur Gordon — now Lord Stanmore — when he, 
as Governor of Ceylon, addressed the Legislative Council 
on the opposition which was being set up to the ' Buddhist 
Temporalities’ Ordinance. Sir Arthur said: “To some, no 
doubt, this measure will be distasteful. It will be so to those 
who wish to let things alone, and allow everything to remain 
on its present footing. Two classes of persons combine in 
desiring this, though for very different reasons. That the 
majority of such priests as are incumbents of Vihara, who 
gain by the existing state of things and who will be deprived 
by the Ordinance of their present absolute control of the 
goods of their temples, should oppose this, or any other 
reform, is natural and intelligible, and needs no comment. 
But many of tbe strongest enemies of Buddhism also desiro 
abstinence from all legislative intervention, being, awara 
that existing abuses throw an amount of discredit on tha 



54 


'Buddist clergy, Irom n-Bioh they do not desire to see them 

■freed; and perceiving that it things goon as they now are, 

the pecuniary resources of the Buddhist monastic establish.’ 
ments, which they desire to soe exhausted, will not long 
hold out I confess it appears to me that, to refrain from 
interference for such reasons, is neither just nor moral." 

I wish the Council to note that these words were 
uttered hy a Christian Governor of a Colonial Province. 
IS is not clear to which of these two classes of persons 
jfr. Shungrasoobyer belongs. 


Again, Mr. Shungrasoobyer remarks “ Speaking of 
the religious institutions managed by the Ooralers, they are 
known to bo of ancient origin and of private foundation. 
The Buooeesion to their management has been perpetual by 
,„h, dancer Mr. Jambulinga Mudaliar answers this state. 
*ent when he observes Hereditary trustees and appointed 
trustees, all must submit to these conditions, as there can 
be no hereditary or prescriptive title to swindle and mis- 
manage public trustsv" 


Mr. Shungrasoobyer says : « No spontaneous represonta- 
tmns are even known to have emanated from the publio." To 
this it IS a sufficient ans^rer to say that tK® p m 
wrote to me about Id months agc^Ls--.. 

assume management and prevent wasto authority to 

lation on this subject is becomming very presTug."^ 

u, 

means fiy private charities. An 

promotes publio utility, or if it. ° oharitable if it 
If Its observance would lead to 



55 


a public advantage, Mr. Shnngrasoobyer only inetancetr 
water-sheds or thanneerpandals as private charities. Tkes»r 
will not be incladed in tba present Bill, not because tbey^ 
are private, but oocauae they are not " charitable endow- 
ments.” He also takes exception to the proviso to section 2, 
containing the difinitlon of a “private temple" which h&* 
calls * arbitrary.* He contends that the fact that neighbouring 
people are allowed to use it does not constitute it “ pnblic.’* 
The section itself is clear and the proviso unnecessary. In 
the case suggested, the neighbouring people do not enjoy 
it as *of right.* The Bill provides that the assumed 
Hevaswoms will he treated like those under Sircar manage* 
ment. According to Mr. Shungrasoobyer, the assurance is 
meaningless if it does not mean that the Government is to 
provide for their up-keep out of State funds But the 
assurance has a meaning. Till the Government thinks fifr 
to appoint a committee^ the revenue authorities will exercise 
snpervisioDi collect rents, and spend out of the income of the 
several Devaswoms. The unassumed Hevaswoms are to 
submit returns to the Hewan. Mr. Shungrasoobyer asks, who 
is to look into them ? This is a matter of detail and should be 
settled later on. But the returus, surely, are not without their 
USB, as preventing subsequent falsidcation of accounts by the 
trustees. 

Hrom these futile criticisms of Mr. Shungrasoobyar’e, 
X turn to the sage and statesman of Kumbhakonam. 
Mr. A. Sashiah Saatri a 8. l., who, with his usual telegraphic 
brevity, writes ! — ** As you put it, the Bill is instended only to 
enable Government to institute enquiries in cases of flagrant 
breaches of trust, and to take such steps as may to the Govern- 
xueut seem called for. A general enahUng law of this kind 
can do no barm to any body but those who have benefited by 



56 


the miBappropnations Men inquiry, if properly conducted 
and properly explained, into alleged abuses of trust cannot 
result in evil. It may, on the other hand, induce peccant 
trustees to set their house m order, to stave ofl unpleasant 
investigations of malpraotices ” 

To this may he added the weighty support Of the Honor, 
able Sir S Subramony Iyer, e c r E , who writes — ‘ In a 
country like this where for ages it has been usual for endow- 
ments to he granted by the State and pay private individuals 
for religious and charitable purposes, it has from time iinmemo 
rial not only been the right but the duty of the Sovereign to 
take proper steps for checking peculation and ensuring the due 
administration of the trusts It is true that there is great 
dismolinationton the part of the British authorities to legislate 
in the matter But I have no doubt that that is due to their 
Ignorance of the real wishes of the public with regard to further 
legislation about it Unfortunately for us the Government 
of India seems to think that the general community is opposed 
to any such legislation Whatever may be the case in other 
parts of India, it is impossible to doubt that in this Presidency 
all disinterested persons are anxious for the enactment of 
a more effective law .than Act \X of 1865 The attitude of 
our Government should not deter H.s Highness’ Government 
from legislating for the better protection of endowments in 
Travancore. " The principle to be kept m i law, as you are 
well aware, is to leave due liberty to trustees in the carrymn 
out of the chanties, while devising a scheme of check and 
control that would enable persons interested in the trnsts to 
get mismanagements put right without unnecessary cost and 
delay. I am looking forward with interest to what your 
Council 18 eventuallj going to do *’ 



57 


, Mr. Komesh Chunder Datfc,' o. i. E., the well-known 
Bengal civilian, now Lecturer in Indian History at TTniversity 
College, London, observes : — “ I have read with much pleasure 
your speeches on the Hindu Beligious and Charitable Endow- 
ments Bill of Travancore. The subject is one of great 
importance, and I am glad to find that the Hindu State of 
Travancore is dealing with it in an eSecacioas and statesman- 
like manner, "you are, of course, aware of the difficulty of 
dealing with the subject in British territory. The opposition 
comes from two quarters. In the first place, orthodex Hindus 
naturally look with suspicion on any endeavour on the part of 
a Christian Grovemment to assume control over Hindu religious 
endowments. And in the second place orthodox Christians, 
too, look with disfavour on any steps taken by a Christian 
Government to manage Hindu religious institutions* Any 
action in the face of this double opposition is best with 
danger." " No such difficulty exists in Travancore. The 
control of a Hindu State over Hindu religious endowments is 
recognized by our ancient scriptures, and sanctioned by 
ancient practice* Under these circnmstaucea, I look with 
sincere plsasuse on the action which you and the Travancore 
Council haVe taken to ensure the proper management of 
religious endowments in Travancore, according to the 
wishes of the pious and charitable donors. Your very able 
speeches,— and specially the speech of June last, — are exhaus- 
tive and thorough, and leave nothing to be desired." * I 
do not wish to go into the details of the Bill; bat I cannot 
conclude without adding one word in appreciation of the very 
commendable moderation with which fyou are proceeding. 
You make it clear that the Travancore Government only 



58 


Tho Honourable Mr. P. Rajaratna Mudaliar, Dewan 
Babadure, o. l- e writes “ I feel sure that the Bill will be 
most useful in improving tho management of temples which 
is now far from satisfactory, Tt was my idea, however, that 
a legislative enactment was hardly called for in a Native 
State whore the Government should not be deterred by any 
considerations of religious neutrality from exercising control 
over religious institutions in its executive capacity- In British 
territory, it is the cursed Act of 1863 that has caused all 
the mischief, and here, therefore, there is an undoubted 
necessity for a new law ” ^ 

Mr. Kerala Varma, 0 s. I., Valia Coil Tamburan,writesi" 
"The Bill, concise as it is, afifoids ample protection to those 
institutions from waste and misappropriation, and I follf 
support the measure." 

Tt will thus be seen that legislation is necessary and 
that the principle of the Bill is sound and in this view, I trust, 
all right thinking men will agree. I have already indicated 
that the interests at stake are enormous, and that a policy of 
inattention or indifference will be unjustifiable, whether the 
vaaonesa of the interests involved or the past action of this 
Government is considered. 

I wish also to add that my interest in this piece of 
legislation is only as much as that of my brother members iu 
the Council- I do not claim more. 

Nor am I so hopelessly committed to the provisions of 
this Bill as not to be able to see that the collective wisdom of 
this Council may hit upon a better Bill, clearer and more 
complete, and in every way, unobjectionable. It is amply 
clear from the discussions on the Bill in the public prints, 
which, I acknowledge, have been, as a rule, most fair and 



59 


generous, as well as from private letters that misconceptions 
are general and that, therefore* modifications and amendments 
may be necessary. Even onr learned High Court fall into the 
common error of believing, for which there is no foundation 
whatever so far as the Bill goes, that “ the maintenance of the 
poorer institutions, when assumed by G-overnment, would, in 
all prohability, entail additional charge on tho public 
exchequer, it not otherwise mat.’* It would, therefore, be no 
reflection on the common people, if they are misled by schem- 
ing persons into believing that the Sirkar wishes to profit by 
the savings of the endowments. There are also other points 
on which diSerences of opinion may exist, as when the High 
Court remark that ** the current orthodox conception in 
Eeralam, including TraVanoore is that most of the Ooralma 
temples of the sort left untonobed-by tho Sirkar in 993 are the 
property of the Ooralens, though devoted for public worship, 
or at least that they have substantial proprietary rights in the 
endowments of those institutions, and these orthodox popular 
ideas, erroneous they may be, have been strengthened by the 
action of the British authorities in Malabar, and of the Travan- 
core authorities since tho year 993 >r. E.'* 

Speaking for Travancore alone, I can considently atato 
that the temples left nnassnmed by Colonel Munro in the last 
century did not thereby acquire any special status of immunity 
or independence from Sircar supervision. The popular view 
on the point is clearly iucorrect, as is the old saying * that a 
man who wsnt into a temple for a long course of Bhajanom 
subsequently clamed Ooralmaship in it ’ With regard to the 
distinction between private and public temples in Malabar, 
I have already drawn the attention of the Council to the 
remarks of Sir. T. Muthuswamy Iyer's Committee on the'^u, 
and they are conclusive. 



60 


While section l3 of the Bill, which prescribes a fine of 
10 rupees on a defaulting cominitte-member is considered 
obnosious by several of my correspondents, one gentleman 
says it should'.be raised to 200 fanams or 23 Rs. Again, it will 
ordinarily speaking, be considered a great gain to the cause 
of local self-government, if a proportion of the committee- 
members as contemplated under the Bill, were elected; but so 
eminent a lawyer as the Honorable Sir. V. Bhasbyam Iyengar 
Kt., doubts its ultimate valuot for he says ; — “The elective 
principle does not work very well even in British India. How 
it will work in a Native State like Travancore where there is 
BO much exclusiveness in social life is a matter on which you 
can form a'better judgment than myself. ” 

Dewan Bahadur Beghunatha Rao would omit, injseotion 
8, clause (2) the words “ and embraces some other religion,” 
'as there will be hereafter’ he says, ‘a large majority of men 
professing no religion.’ 

Section 611, upon which there seems to exist a consider- 
able divergence of opinion, may have to jbe retained or 
amended, as suggested by the High Court, in the interests of 
private rights, though it is difHoult to see how that alone will 
meet all the requirements of the Bill, which include provisions 
of check and oontrl over Bevaswoms, as laid down in sections 
16 and 17. The Council will remember that since 
Romilly’s Act which is the {parent of our section 611 of the 
Civil Procedure Code, throe Charitable Trusts’ Acts have been 
passed in England viz., those of 1853, 1856 and i860. 

On this point, I will quote the opinion of Mr. M* R 
Ramakrishna Iyer B« a. b. l., f. si u., an experienced Vakil of 
the Madras High Court who had been for 10 years, as ho 
himself writes, “’an active member of a Committe having over 



61 


200 temples under its control in one district . " After giving 
his support to the principle of the Bill which he thinks 
" is necessary in our country and will prove highly beneficial,” 
he observes: — “"While I have advocated the retention of 
section 611 in the Statute Book, Ido not think that, having 
regard to the characteristics, nature and habits of the people, 
a provision of the kind is sufficient to act as a deterrent 
against malfeasance and misfeasance on the part of the 
trustees In this part of the country, we have had a similar 
provision for a number of years, and with the exception of a 
few rare instances, little practical good has come out of it in 
the way of checking mismanagement and malversation. 
Among our people of position (I do not refer to the educated 
section), there is disinclination to go to Courts even as 
witnesses, end such men have a positive repnlsion to go as 
party complainants in matters which do not directly affect them 
though they feel that things are not what they ought to bo. 
Whatever the reason, this enabling provision in C. P. C. has 
been practically found to be insufficient and that is the reason 
why the people of this Presidency, the educated and the 
uneducated have with one voice been demanding legislative 
help for checking mismanagement of religious endowments.” 
He, therefore, suggests that, “section 611 of the Civil Procedure 
Code ought not to be repealed hut should be retained. There 
is no harm in the Government or the proposed Committee and 
the Civil Courts having concurrent jurisdiction over trusts 
and trustees, ” 

Mr. Eai Hukum Cbund M, A., the talented Under- 
secretary of the Hyderabad Legislative Council, in the course 
of a long paper on the subject, observes with regard to section 
16: — The very first essential for the exercise of the powers 
under the Bill is the acquisition by the Government of ful- 



02 


information relating to the private management of the endow- 
ments You ntfempt to provide (or the same in section 18, 
the first part of which relating the accounts and the lists, on 
that very account, should, I think, be genera] and compulsory, 
and not dependent for its operation in particular oases on the 
discretion of the Dewan. In fact, the very eujjmission 
of accounts and lists mayj lead to great improvement in 
private management, and may often avoid the necessity 
of the assumption of the management by the Govern 
ment The accounts and lists may also be ordered to be 
filed^in District Offices, and powers of enquiry and report 
as to them, allowed at least to some extent, to officers in 
charge of districts I am doubtful, however, whether non 
submission of accounts or lists should, as such, be made a 
special crime, as evidently the beat pnnishment for it would 
be the exclusion of the trustee or manager in default, fro® 
management and, if necessary, the assumption of the manage* 
ment by the Government " 

These are some* among the 80 \eral points of defferences 
of opinion, which will have to receive the attention of the 
Council 

In concluding, I may remind the Council that a great 
responsibility rests upon them as our action here is, lam 
informed, being watched with keen interest, both m the 
model Native State of kfysoro and in the premier Native 
State of Hyderabad, where similar legislation is desired 

With these remarks, I beg to move for the affirmation 
of the principle of the Bill ' 

Mr Kuuhiraman Nair — need not occupy ]iba time 
of the Council by any lengthy observations at this stage, 
oipeoially as my views on this Bill generally will be found 



63 


embodied ’ in a memorandum submitted by the High Court 
to Government ■which, I believe, has as usual been circulated 
among the members of the Conncil. I do not oppose the 
motion for introduction of the Bill. I recognise the necessity 
for some sort of legislation for the better protection of the 
religious and charitable institutionst but the legislation can 
justly and equitably be extended only to such of them afl 
have, hitherto, been taken by the Sircar to be institutions of 
public kind, and worthy of the exercise by them of the right 
of Melkolma or the general* superintendence of endowments 
vested in the Sovereign. It would, 1 am afraid, be consi- 
dered a gross breach of faith, if other institutions, especially 
such institutions as have, for centuries past, been under 
purely private management of ancient families, in whom 
the Ooralmaship is hereditarily vested, are now for the drst 
time to bo broiight under legislative restrictions These 
latter have, for at least more than three quarters of a 
century, or ever since the assumption, under the regime of 
Col Munro, of the greater national temples in 93T M, E., been 
regarded as institutions belonging to Ooralens whose rights 
have been considered hereditAry and heritable, us may be 
gathered from the fact of the Siroar itself having, in several 
lustancos, taken, by right of escheat, the place of Ooralens 
whose family became extinct, and of the Molkoima right 
being expressly retained only in prticular institutions. I do 
not deny the cardinal principle which, I behove, is sought 
to be affirmed by the Bill, viz., that it is the undoubted right 
and duty of Government or Sovereign Power to interfere in 
the affairs of the public religious and charitable institutions, 
whenever such a stop is found necessary for their protection 
and consorvatiou. Such right and duty and are inherent in 
the Sovereign as parens patrioevcaA arc included in u hat is 
ierined popularly as Mclkoimi, and legislative sanction may 



64 


be accorded to' them; but it is one thing to possess a 
theoretical right and another thing to attempt to enforce 
such right to the detriment of private rights and interests, 
which have been allowed to spring up in course of time as a 
prescriptive right, and I doubt very much ‘the substantial 
justice and the oxpendienoy of reviving, at this distance of 
time, the right of Merkoima over all kinds of institutions in 
which it has, for centuries past, been allowed to become 
obsolete. The precise line, however, on which legislation 
should proceed on a conatitutional basis, i. o. without con- 
travening and setting at naught the recognized principles 
underlying legislation in every civilized State, can be properly 
determined only after a thorough enquiry as to the Causes 
of tho evils intended to be remedied by the legislation. Suoh 
an enquiry directed to ascertain all the causes of the suspected 
evils does not appear to have been hitherto made ; at least 
there is no trace of such enquiry in any of the papers I have 
come across, though the learned member in charge of the 
Bill seems to have taken considerable pains to obtain the 
opinion of Government and able raeu, here and olsewheTe, 
as regards the general necessity for internation in regard to 
religious and charitable trust If it is intended to proceeds 
with the legislation precisely on the lines sketched in thi* 
Bill, that is, by including within the scope of the legislation 
every temple in the country in which the public have the 
right of worship. I should request tho learned member in 
charge of the Bill to procure, through the agency of local 
revenue officials, precise and reliable information on the 
following points without which it is impossible to come to a 
definite conclusion as to the expendiency and necessity of the 
measure : — 

(1) What are the ciroumasances under which, and the 
reasons or causes for which the Siroar, during the administra- 
tion of Colonel Munro as Dewan, assumed the management^ 



65 


of •what may be* called the greater national temples and loft- 
unassumed the remaining temples in the country, leaving' 
them to private management ? 

(2) In how many of those temples has there been 
malversation or deterioration of the endowmento ? 

(3) What «T,re the causes of the direction, if any ? Are 
they attributable to the dishonesty or gro'?s noglsofc of the 
pri'Vate trustees or Ooralens, or to the quarrels or dissensions 
among them, or to difficulty of realizing the rents and profits 
of the endowments which consist mostly of landed property? 
and 

(4) What ia the number of temples under private 
management in which the Sircar is one of the board of 
Ooralens and what is the number of such temples in which 
the Sircar has been osercising the right of Melkoima or 
supervision by the Sovereign Power, and in what mode has- 
such right bean hitherto exercised ? 

It is superfluous to add that we should not pro- 
ceed With the legislation without haviog all the facts before 
us, and that a proper diagnosis of the evils should precede 
the prescription of remedies. The policy of assumption by 
the Government directly of such of the Hindu temples as 
have, for centuries, been left purely under private manage- 
ment without any interference from the Sircar in its 
capacity of Melkoima, is open to considarable doubt, and 
from the stand-point of the general public, is not regarded as 
conducive to the well-being of the institutions. The trenohand 
remarks of eminent Jurists and political economists likfr 
Benfeham and Adam Smith deserve the serious consideration 
of this Council. The former, in his " Theory of Legislation '* 
says, “the Government is incapable of managing specifi/> 



as 


this, it is not easy to strictly confine the discussion to the 
principle without touching upon the details. 

I wish to make a preliminary observation regarding 
the scope of the Bill. I can easily imagine the reasons for 
not bringing within the operation of the Bill non-Hindti 
religious endowments ; but I fail to understand why any 
distinction should be observed in the matter of charitabla 
endowments on the score of religion. Endowments for chari- 
table purposes such as the relief of the poor, education, 
medicale relief &c , are secular , and it appears to me that 
no differential treatment on the ground of the religion of 
their founders is just or expedient. The beneficiaries of 
a charitable endowment founded by a Charistian or 
Mahomedan benefactor may be, as they very often are, Hindus, 
no loss than Christians Mahomedans. Similarlyi the 
beneficiaries of an endowment founded by a Hindu may be 
Christians or Mahomedans. Again, instances there may be, 
of endowments for purely secular purposes founded jointly 
by Hindus and non-Hindus. In British India, where the 
Government ie so sorupulous in the matter of interference 
with the religion of the ^people, the same law applies to all 
classes and creeds in respect of public charity. I think, 
therefore, that so far as endowments, founded for exclusively 
secular purposes, are concerned, the same principle should 
apply to all. 

The principle of the Bill, I take it, is contained lu 
Section 6, which enables Government, by an executive order* 
to assume the management of Hindu religious and charit- 
able endowments, in certain cases. The Council has now 
to decide whether the above principle is unobjectionable. 

The learned Mover has told us that the object of 
the proposed measure is to protect the endowments from 



69 


mlscnanagement and provide for their better managament. 
This object is moat laudable, and cannot but commend itself 
to every member of this Ooancil* I may also observe that 
no argument or authority is needed to convince this Council, 
as I am sure that nobody here entertains any doubt* that it 
is the right of the State to guide and enforce all public 
trusts and correct any abuse or misuse of such trusts. 
What we have to consider is, whether necessity for legis- 
lative interference exists, and if so, whether the Bill before ne 
embodies the correct principle — in other words whether the 
non-Sircar. Hindu religious and charitable institutions are 
now so grossly mismanaged as to call for special legislation, 
and if bo, whether the proposed measure contains the proper 
remedy. 

As for mismanagement, ** there is ”, to quote the words 
for the 'valued correspondent’ referred to by the learned Mover, 
•no doubt a prevailing notion that religious and charity endow- 
ments have been mismanaged by privats agencies.” A prevail- 
ing popular notion, however, is dlSerent from digested and 
organic public opinion, and is often the result of misconception, 
error or passion. Such a notion, of course, cannot constitute 
a safe and sound basis for legislative action. The learned 
Mover has referred to the opinions of a number of respectable 
correspondents, and though it is probable that the corre- 
spondents, as observed by Mr. Shuiigrasoobyer “ had in view 
hat a few of the institutions generally well-known for their 
importance and large endowments,” I think, these opinions, 
taken along with the personal testimony of the learned Mover 
which, considering his vast erperienca and knowledge, is 
entitled to great weight, point to the conclusion that the 
condition of many of the institutions ' is far from what it 
should be. 



70 


Ab to tho caosoa of iniamamigomonf, i 


tbo ;n/ormatious be* 


foro ns ia vnguo and moftgro. 0/ 93 


inenioriiils received by the 


first ro/crrod to 39 petitions^ 
/uiour of the Bill and the rest- 


Council (the learned Mover liss 

but have Pocn only 23), 13 jitter, in whom are included 
against it. The Ahavoor Namburipad, Paduthole 

fiUch^\c!l-hnottn grosser wilful 

Narabiirip'id Ooralma pagodas Jfost of them point out 

jni8inanngciae^^^^^_^^^ proporly miniged, it is due, 

that if a”P „-*:nTi on the part of the Ooralors (trustees), but 

nottomahcraaiu ^ 

tl difllc^^^*^^' *'*'*'^ experience in recovering michavaroms. 


ftnd to other 


causes for which the trustees are not, and connot 


held respo°9‘^*®‘ memorialists who advocate 


be» 

legislative 


interference, while they testify to the existence of 
^onsiderable mismanagement, ascribe the mismanagement 
nerally- not to malversation on tho part of tho Ooralers, 
tut to various other cause Damodaran Purushothaman EU* 
yathu for instance, refers to a pagoda(®f«|‘^^'i*i«^ 
which has lost its property on account of the intrigues of a 
non-Hindu ryot and tn spxte of the earnest efforts of the trustee 
to preserve the endowment. Kumaramangalthu Kadambar 
jjamboori attributes the unsatisfactory condition of the 
pagodas to dessension among the trustees Edamannur 
Vasudevar Kadambar Namboori ascribes the mismanagement 
to difficulty in recovering michavaroms, to want of harmony 
among the trustees, Ac. Turning to the opinions with which 
some independent and highly respectable gentlemen have 
favored the Oounoil, we find that Mr. Kuruvila, aptly described 
by the learned Mover as “ one of our retire officers, but 
young and highly educated, and a former member of this 
Council," writes Devaswoms controlled by a single 
hereditary trustee or Ooranmakaran are comparatively free 



71 


Irom decline and ho adds, that the mismanagement in 
Devaswoms controlled hy more than 'onetrnstee is due chiefly 
to want of harmony among the trnstees. Mr, Shungra- 
soobyer says : — ** There is no denying the fact of deteriora- 
tion, which is a common feature with all these old institutions. 
I am not, however, prepared to attribute it to malpractice or 
mismanagomant ” He adds: — ^“The Brahmin jenmis, as a 
class, are welhbehaved, god-fearing and simple-minded. They 
are faithful to their family traditions and behests. It is a 
point of honor with them to maintain the pagodas under 
their charge in as good a condition as circumstances would 
permit." The causa of deterioration of the Hevaswoms, 
according to him, is ** the absence of anything like the 
facilities for the recovery of their michavaroms which exist 
in the collection of Government dues The High Court 
observe : — “ The Ooralers, as a body, cannot be accused of 
mismanagement. The impression we have formed in the 
course of our judicial experience is that mismanagement 
prevails, to soma extent, in the case of several Devaswoms 
in which the trustee-ship is vested in more than oue joint 
family or house, or in which the trustees are appointed by 
election, Tt^p causes of such mismanagement and the con- 
sequent deterioration of the endowments are not attributable 
soley to the individual conduct of the trustees." The High 
Court proceed to examine the causes,^ the chief of which, in 
their opinion, is the difficulty experienced in recovering the 
dnes. Mr. Ramaliugom Iyer, District Judge, siys . — ** "What 
is really needed is summery powers in the trustees for the 
realization of Devaswom michavarom and other dues.*’ 



72 


(1) Inatltutiong (religioas and charitable) which arc 
■under the management of single trustees are generally well- 
managed ; 

(2) Those which are under the control of a plurality 
of trustees are, in many oases, subject to mismanagement ; 

(3) The mismanagement is generally due, not ta 
misfeasance or malfeasance on the part of the trustees, but to 
other causes, of which the chief ie the difficulty experienced 
by the trustees in recovering the michavaroras. 

1 wish to guard myself from being understood aa 
claiming for the above propositions the character of demonstra* 
tions. It is just possible that a thorough investigation may 
tent to disprove the above conolutions and disclose the real 
extent, nature and cause of the evil* All that I mean to assert 
is, that the evidence now before the Council points to the 
above conclusions. 

If the diagnosis aoove indicated is correct, it appears to 
me the remedy proposed, apart from other considerations, is 
inadequate. Clause (6), Cc) and {d) of section 5 embrace only 
a small proportion of the insitutions Clause (a), ■which contains 
eo to speak, the vital principle of the Bill, deals only with 
** cases of misappropriation, malfeasance, misfeasance and 
gross negligence in the administration of the trust.” Now, 
the evidence before us shows that, in the vast majority of cases,, 
the mismanagement is duet not to misappropriation, mal- 
feasance, misfeasance or ■wilful neglect on the part of the 
trustees^ but to a variety of other causes What these causes 
are and how they may be dealt with can bo determined only 
after a thorough investigation; but a remedy which leaver 
the principal cause of the disease untouched seems to he so 
comparatively little avail. 



73 


There is another and a more serious objection. The 
proposed remedy, while it leaves the most potent causes of the 
evil alonei involves, in my humble opinion, undesirable disrup. 
tion of cherished associations and unnecessary interference with 
vested rights. Unlike in British India excepting Malabar, the 
Pagodas in Travancore are mostly private, * e , they belong to 
single families or groups of families. In this latter category are 
included the Ooralma pagodas, karakshetrams and oorkoils. The 
endowments are not inihlic trusts ; they are generally of the 
nature of devises, subject to certain charges (or religious or 
charitable purposes, and the beneficial interest vests in the trustees 
subject to such charges The managers or Ooralers are not 
trustees in the proper sense, that is, persons in whom the equit- 
able, as distinguished from the legal, estate is vested. “ The 
current orthodox conception,*" observe the High Court, “ in 
Keralam, including Travancore, is that most of the Ootalma 
temples are the properties of the Ooralers, though dwoted for 
puhltc ipoTshtp” The Bill is intended to apply to all these instr 
tulions I do not overl )ok the fact that the proviso to Section 2 
excludes from the operation of the B 11 every Hindu .temple 
“solely intended for the use of the founder or members of his 
family.” But this proviso would not, in practice, put a single 
temple outside the purview of the Bill As the Valia Koil 
Tampuran has pointed out, “there is no temple in the State which 
is not frequented by the public and in which offerings from the 
public are not coming almost daily.*’ Nor is it possible, to quote 
the same high authority, “ to ascertain by local enquiries, at this 
distance of lime, whether such temples are dedicated to the public 
or not ’* I entertain serious doubts as to whether in the case of 
endowments of the kind above tndicaiedi w here the trusteeship 
is hereditary, even the misfeasance or malfeacance of the present 
trustees would justify the Caking away of the private rights which, 
as observed by the High Court, “ have sprung up in connection 



80 


temples in the south may well apply to the ooralma temples and 
karaksbetrams in the northt The High Court observe that at 
this distance of time it may not be possible for the hereditary 
chiefs and 'Ooranmakars of the north to give evidence of their 
proprietorship in the temples of which they are the hereditary 
managers. Well, if this the case, each case as it comes must be 
dealt with on the merits. > 

Some may say that the village tempels of large castes or 
communities are public temples. Now, it must be borne in mind 
that the word ^ubhc is a slippery one The village temples may 
be public for certain purposes and private for certain others. 
But in matters of property, and where civil rights are concerned, 
the village temples must be taken to be private institutions. 
Again, I must observe that the learned mover of the Bill has not 
drawn any distinction between public and private charities. *The 
gcnaral rule of jurisprudence recognised by civilised nations is, 
that where the founder applies his own property to the creation 
of a pagoda or any other religious or charitable foundation, 
keeping the property itself and the control over it absolutely in 
his own hands, no trust is thereby created in favor of the public, 
even though the community may be greatly benefited by the 
arrangement. I would, therefore, clear up the mist and propose 
a definition of private temple and charities thus: ‘No Hindu 
tempJelor.other reitgioas or cbaritab}e endowment solely Intended 
for the use of the founder or members of his family or founded 
by a number of persons for their use and the use of their families 
or by particular castes or communities for their exclusive use, 
having properties or endowments supplied by the founders, 
which are still absolutely in their hands and solely administered 
by them, and on which no trust is created In favor of the public 
though the latter may have been greatly benefited by suffrage, 
shall come within the operation of this Regulation.’ Such 



81 


a definition, I beg to sabmit, will in a great measure narrow 
the scope of the Bill, and will supply the test for deciding 
whether a given trust is pnhUo or private. It will further 
allay the fears and apprehensions of the publiol The next 
question for consideration ia» given a case of mismanagement 
of public trusts, where the Hindu general public is interested 
and not a class or caste, is it not the duty of Government to 
interfere and set matters right ? I submit, Government inter- 
ference is absolutely necessay in such cases, aud to regulate 
the mode of Government interference, legislation is necessary. 
"We must mahe a law. I/aw is the measure, the boundary 
between the king's prerogative and the people's liberty. I do 
not agree with those that say there is no need for legislation. 
In support of their position, they siy section 5ll will amply 
anffioe. We know as a matter of fact that that section has 
been a dead letter all along. ' That section is not easily 
workable. No doubt, under that section the Dewan has the 
power to suoi or authorise others to sue. I submit, this is one 
mode of interference, but this is not all. This mode of inter- 
ference is intended to be resorted to by Government, when 
the affairs of an institution are such as admit of a leisurely 
treatment But suppose there are urgent cases, then, should 
not Government be authorised to enter and put themselves at 
the head of affaire ? This brings us to the consideration of the 
assumption question. After giving my best thought to the matter, 
1 am of opinion that in the interests of ouhlic trusts thomseUes, 
Govenrment should be aimed with the pon er of assuming public 
trusts, if the necessities of the case demand the exercise of 
that power, a power which will only be honored in the breach 
and not in the observance- In keeping with the digmity of 
Government, the retention of such a power is necessary In 
thpi Towns Conservancy and Improvement Eegulation. tho 
3rd para of section 5 arras tho Government with the power 
of dissolving Committees whenever they find it necessary 



82 


Of course, Govornmoiit have nofe the idea of creating 
Coramittees with one hand and demolishing the same with 
the other. In this viovv of the case, I would support the 
principle of'assumption. Bat I must confess that the Mover 
of the Bill has not properly worded section 6 of the Bill. The 
principle that should be inculcated and placed before the 
public view is the principle of Government interference and 
not of assumption. In ray opinion, assumption is only one 
mode of interference. This is only a species and not a genus. 
Already, I have stated that proceedings under Section 511 
constitute one mode of interference. There are other modes 
of interference, too, which would commend themselves to your 
mind on a little reflection. From mismanagement to assump- 
tion, it is a great leap. Mr. Kuruvila, in his letter, advocates 
a alight scale of punishment to the recalcitrant trustees. If 
trustees mis-behave, first teach them, then suspend them, then 
dismiss them and appoint others; appoint an officer to super- 
vise their working or appoint a Committee ovefthem. Thus, 
there are several modes of interference. If the learned Mover 
had adopted these of interference, and stated that, as a last re- 
source, Government would assume, there would have been an 
order in the sequence of thought, and the Bill would have been 
less misconstrued and found more favour with many. Even 
now* I hope this is what the learned Mover means i, e. try with 
trustees in a given case the preliminary modes of interference 
already suggested, and if they fail and there is no help, resort 
to assumption. If this is the main principle of the Bill, I have 
no hesitation in giving my support to the measure. The word 
assumption has a auspicious look about it and scares away 
men’s minds ; for they are afraid that this will be the stepping- 
stone for incorporating all the 10,000 temples with the State- 
If the principle of interference be adopted as the guide, section 
5L1 C. P. 0. may be retained as a apoctes. There is a storm of 



83 


oppossition against the removal o£ that aaotion, and justly so. 
IFurthar, there is a hue and cry about Peishoara being 
directed to investigate and report on cases of mismanagement. 
In this particular, a remedy has been suggested by one 
Srinivasa Iyer of Kottayam, "who recommends that in such 
cases a Punchayet ahonld be appointed to investigate and that 
Government should aot on the opinions of the Punchayet 

. Another objection, that I saw in the papers, to this 
Bill is that, while Government is going to part with certain 
administrative powers to munoipal bodies, this Bill aims at 
bringing additional work to the Government, This view is 
shared in by soma of the learned critics But in the view that 
I advocate of the scops of the Bill, whereby the sphere of 
private trusts will be immensely increased and that of public 
trusts greatly narrowed, and that even in the oases of pnhUo 
trusts, Government will have to try a certain number of modes 
of interference before the assumption power is exercised, and 
the enquiry antecedent to assumption must be conducted by 
a Punchayet composed partly of officers and partly of those 
interested in the trust, the fear entertained, of Government 
sadding itself with additional work and running counter to 
the principles Of the Towns Conservancy and Improvement 
Regulation, will vanish. With these remarks* I give may 
support to the Bill. 

Mr. Poonen — Apart from the objections to the details of 
the proposed enactment — and on these I do not address the 
Council to-day— I am not satisfied that a legitimate case for 
legislative activity has been made out. The interests which 
this measure is intended to reach are admittedly enormous. 
The acceptance of the principle of the Bill is tantamount to 
convicting of systematic dishonesty a class of people, who, if 
not for anything else, aredistinguished for their simplicity and 



84 


inoSonsive oharactor, and who hitherto have been oonsi- 
dored by friends and foes alike, as the moat devout of Hindus. 
Before one can make up his mind to subacriba to the priaoipla 
of a Bill fraught with such consequences, it seems to me, one 
must be satisfied, and that beyond tbe shadow of a doubt, on 
two points: (1) that the evil, which this measure is intended 
to obviato, is of such a magnitude as ‘bo justify, what I cannot 
help regarding as, an extraordinary act of legislative inter- 
ference, and (2) that there are no means now available for 
remedying the evil, or that such means as now exist are in- 
adequate to copo with the gravity of the situation. After 
careful study of the apaach of the learned member in introdu- 
cing the Bill, as well as the several cominunioations that have 
been addressed to this Council in support of tbe measure, I am 
not convinced that matters are 80 bad as they are represented 
to bf , or that unless the State be invested with the estraordioary 
powers whiob this Bill proposes to confer thereon, the cause of 
the religious and charitable trusts in tbe country is doomed 
beyond salvation* I do not think that the extent of mismanage- 
ment is so wide as to call for a measure of this character. This 
impression of mine, derived from a study of the papers available 
to the Council on tbe subject is, in my own case, personally, 
confirmed by the result of my twenty years judicial expareience 
in the sister State of Coohin, where the conditions are similar 
to those obtaining here. That there is some amount of rais- 
manigement, and also misappropriation in the administration 
of the foundations contemplated in the scope of the Bill, I 
Teadily grant; no one who has had opportunities of getting 
some measure of insight into tbe way things are done, can deny 
that Similarly, it will be conceded that the management of 
Sirkar Hevaswoms is not absolutely beyond criticism, and if 
these latter Devaswoma and their affairs were as often before 



85 


the Conrta as institvitiona managed by private individuals or 
bodies were, I have no doubt that it would be found that diB« 
honesty and fraud were evils which the power of the Sirkar and 
the sanctity of the place were not able to keep out altogether. 
Tt may be, that there is not a single Sirkar Devaswom so ill- 
managed as may be the case with the temporalities of the 
Thrivikramangalom Dcvaswom ; but it certainly will not be 
impossible to mention Devaawoms under management of 
Nambudry Ooralara where the religious side of the institution 
18 attended to with a fervour and spirit, with a regularity and 
splendour, unknown in the best managed Sirkar Devaswora. 
Both are exceptions, and neither can afford a just basis for 
legislative intcreference, one way or the otlier. Again, this is 
.a measure fraught with serious consaguenceB to a large body 
of petaoua, who* with all their failings, deserve well of the 
country and the people. These persons have been from time 
immemorial taught to look upon even the very gods enshrined 
in these institutions as not outside the pale of their proprietary 
rights. With regard to the effects which, in a sense, may bo 
said to be dedicated to these gods, they look upon them as 
portions of their own Brabmswoms, subjeot of course to an 
obligation to maintain the usual pujas and other ceremonies 
prescribed* This idea may appear to a lawyer of the present 
day, as altogether untenable ; but, it occurs to me that it will 
be doig no great violence to one’s own convictions, with regard 
to the sanctity of trusts in general, to refer the above impres- 
sion, BO prevalent and so widely recognised, to a legal origin. 
A measure such as this will stagger these good people, and 
I am not satisfied that a staggerer is the proper thing to bo 
administered to them. My second objection’ to the Bill has 
reference to the means available to the agency, which is to be 
entrusted with the managemant of these intitutions. Of course, 
the State, the Sovereign has a right to see that all pubUc 



86 


trusts are lawfully and faithfully administered. But like every 
other right, this one has a co-relative duty. How has this 
duty been hitherto discharged? An Ooralen may well ask the 
question, how it is that the State has not hitherto taken any 
notice of the deplorable state of affairs at Trivikramangalom, 
which, I understand, is not a hundred miles away from the 
headguartara. Surely, it had the means to set maters right 
Section 611 of the Civil Procedure Code (Begulation II of 
1065) was at its dirpoaal for so many years. One or the other 
of the following things is plain. If the evil whose existence 
is so vehemently pressed by the learned Mover did really exist, 
not alone at Thrivikramangalom but through‘Out the country, 
the State has not bean sufficiently alive to its duties as it is 
legitimately soUoltous of its rights. How many suits has the 
Government instituted under the provisions of an already 
existing law ? lam speaking under correction, but, I am 
told, not a single one. Or, it U manifest that the evil is not 
80 caring as it is sought to make it out. 1 believe, that it 
was not because the State has been oblivious of its duties that 
there have been no such suits. On the contray, I am satisfied 
that has the interests of Hovaswoms at heart, and that it has 
not hitherto failed in its duties towards such institutions. In 
fact, there is an impression abroad that, in its solicitude for 
Devaswoms, it has sometimes not shown to similar institutions 
belonging to other than Hindus, the consideration which they 
deemed they deserved. The true explanation for this apparent 
inactivity of the’Sirkar lies* I think, in the, conviction of 
the Sirkar that things are not so bad as the learned Mover of 
the Bill would have us believe. If they are bo bad let 
the Government enter upon a crusade, and no holier crusade 
can they lay their hands to than the protection and good 
management of the properties dedicated to religion And if 
the Government find the existing means inadequate, it will bo 



87 


a legitimate request for them to make, to be armed with more 
powers, and I, for one, shall be the first to agree to their invest- 
ment with such additional powers. Now, however, it is not 
clear to me that the extent of the evil is of such a magnitude as 
calls for the proposed enactment, nor am I satisfied that the 
means available to the Government are inadequate or have been 
exhausted. For these reasons, I am unable to subscribe to the 
affirmation ol the principle of this measure and lam constrained 
to vote against the motion now before the Council. 

Mr. Kochultrishna Marar. — ^The Bill, whose principle we 
are asked to affirm or dis-affirm today, is a measure of very vast 

importance. By its means power is sought to be given to Govern- 
ment to transfer to itself from private agencies the management 
of no less than 7,768 religious and charitable endowments 
possessing preperty roughly estimated to do worth 2 crores of 
rupees. The interests at stake, as the learned memberUn charge 
of the Bill has put it, to the State which seeks to assume manage- 
ment as well as to the persons who are to give it up are, indeed, 
enormous, and I shall not be surprised if there be found peoplei 
not, over scrupulous as to what conclusions they draw from the 
promises before them, to throw out the dark suggestion that 
what has prompted Government to introduce the present Bill is 
not so much the desire to improve the existing condition of the 
religious and charitable institutions in Travancore as the 
extremely tempting prospect of making an appreciable addition 
to the State revenue. I know that such a suggestion is as 
mischievous as it is unfounded, and, if U ever comes to be made 
at all. We have only to accord it the treatment it deserves. It 
seems to me. all the same, that the disturbance that is likely to 
be caused in the economic condition of the country is a matter 
well worthy of our most serious consideration. 



88 


There are also olhcr facts more or less important which 
we cannot afford to lose sight of, and prominent among them 
arc the opinions submitted to this Council, since the publication 
of the Bill in Edavom last, by gentlemen who are in a position 
to know what thay are speaking about and who are entitled 
to be heard with the greatest respect. Mr. Shungrasoobyer, 
the predecessor in office of our esteemed President, who 
has served this State for upwards of forty years in various 
capacities, is emphatic in his denunciation of the Bill. 
After discussing the question in ail its numerous aspects, he has 
come to the deliberate conclusion * that the Bill, as it stands, is 
objectionable in principle, that it is unnecessary, inexpedient and 
impolitic.* The objections raised by the learned Judges of the 
High Court are, to my mind, Invincible. They have opposed 
the BiU, tooth and nail, in whole and m part, In principle and in 
detail. They do, indeed, admit that there is mismanagement 
going on in several of the religious and charitable endowments 
in the country, and yet it is significant they do not suggest any 
remedy other than the extension of the scope of Section 511 of 
the Civil Procedure Code on the lines indicated by them. The 
Valia Koil Thamburan, the premier nobleman in the State, who 
IS second to none so far his right to speak with authority on the 
matter now before us is concerned, is, it may appear at the first 
blush, an out and out supporter of the measure: but it strikes me 
that the recommendation made by him in para 3 of his letter entirely 
alters the nature of his support. He wants private temples to oe 
exempted from the operation of the Bill and suggests that what 
constitutes a private tenaple may be clearly defined. This 
suggestionj coming as it does after the observation that there will 
be some difficulty in distinguishing between temples dedicated to 
the public and temples intended for a particular family or familie'^ 
and that, so far as his experience goes, there is no temple in the 



89 


State which is not {regcented by the pabHcand in which offerings 
(rota the -pablic ate aot coming aimost daily , leaves in my .mind 
the impression that in his — the Valia KoU Tfaamburan’s— opinion 
the right of entry into a pagoda enjoyed by the public is, by no 
means, a sure test of its dedication to the^poblic, that the 7,758 
institutions referred to by the Mover as liable to be affected by 
the provisions of the^Bill cannot all be brought under the category 
of public, religioasi and charitable endowments, and that the 
measare of bis support will depend upon the extent of the clear 
definition which, be thinks, should be embodied in the Bill. 



90 


working hypothesis it is not only nseless— it is even likely to turn 
out to be a delusion and a snare— unless we further determine 
what those institutions are which, as coming under the category 
of public trusts, are liable to be taken charge of by Government* 
That is one of the questions of importance we have to deal 
with in connection with the Bill and, as I hope to be able to 
show presently, we cannot be too cautious or circumspect in 
answering it. 

Like several other things, the Ooralma temples found 
scattered all over the country, and which it is the special object 
of the present Bill to protect, are institutions peculiar to Malabar* 
They are, to all appearance, and especially so far as the custom* 
ary right which the public have acquired to go and worship 
therein is concerned, analogous to what are regarded as public 
trusts elsewhere ; and yet the prevailing opinion in regard to them 
seems to be that the onginsl founders never made i dedication 
of them in favour of the public, and that ii'did not form part of 
their intention that the institutions themselves and the properties 
attached to them should, at any time, be regarded as anything 
other than their private property, subject to a trust I should very 
much have liked to furnish you with information more acceptable 
by reason of its being substantiated by evidence not altogether 
lost to ps, I believe, even now. I daresay there will be found 
•among the records oi temples of some imoonance gro»dhot>oT*ts 
and other documents containing, if not direct evidence as to their 
origin, at least materials which will help us in coming to a reason- 
able conclusion in regard to it. But the Namboori Brabnriins> 
who form 95 per cent of the Ooralers, and who are therefore the 
custodians of the documents relating to their Devaswoms are, by 
instinct as well as tradition, a class of people so slow to move 
that it is well-nigh hopeless to get them to ’ produce anything, at 
all events, in time. 1 know of several respectable gentlemen of 



91 


.n Great Br.ta.n T„ .L’ rel;.: 

not come forward .t L ^ u 'V.II 

s-m. .ave bceo^a 'LTd^^'^rir^f 

people, no matter who that th. R i ’ t- ^ fopresent to some 

- a p.ece of great harlh n ! R=Kulat.on 

been the means of depriving thlm''orV° 

set apart for their Devaswonfs had ’’ ““““es which, thongh 

upon which they had been d ’ j ’ "®'’^''“‘’ass, been theirs, and 

s~.« ,h„ ;r;r 

months, I may not nerhan. i P“blic for very nearly 8 
enable our slow moving brethren to'^'^ 

view of the grave apprehensions widely erertameTbyThL !" 
most concerned, that this Bill „ n‘=«a>ned by the people 

standing vested rights as well as of°tr' 
to make good our declaration that we\re not'T 
Government with any jurisdiction not ai n ' 
r venture to suggest that the very first dutrieVavetd ^ 
nection with the Bill, i, to appoint a Com ! 

of drawing up a schedule of ^heendowm “’® P“''P°s= 

brought under the head of what are 7 

attempt made in the Bill to classify lT!e"ven th““" T" 

endowments with reference to their character as 00 ^^ 

Wns, I b.g leave to observe anoth ' 

induced me to make the suggestion’s We fi TT 
ambitious work performed in sections 2 aid 3 Th '' 
the former defines private temples to be s'uch 
.mended for the use of the founder or members of h f ""'i 
public temples, those for which the Bill is mdened, are,?cLrfmg 



92 


to the -latter, teinples'that are dedicated ten' or used of right ‘by ^tbe 
piiblfd*'' ' ' ‘ • 

^ Now,' it stVilies'methaMhe above classification by means 
of definitions is open to what I may cal) a preliminary objection* 
Whatever it may be in other countries, in Travancore where it is 
difii<^lt to jfind a religious institution which is not claimed as 
the private property of some person or body of persons, the 
jquestion whether a particular pagoda is one in respect of which 
there has or has not been a dedication in favour of the public is 
always“ahd pre-eminently a question of fact, which it fs not 
possible to decide without the help of evidence bearing upon it 
and yet it is not even so much as pretended that Sections 2 and 3, 
which profess to shed light upon the origin and constitution of 
not^one or two but^ thousands of institutions, old as well a* new, 
but mast of them very old, represent the result of any investiga' 
tion. it may, however, be urged that there is ‘a ‘ dUtinctive 
feature common to all the* temples ^yh^ch have .been' declared 
.,pubUc» and th‘at-is, the fact of their being open to the' public. 
Yes, they are open to the public for purposes of worship, and to 
do that one thing, the public .may , have acquired a customary 
.right j but J ask, is \t always a .necessary or even legitimate 
inference to draw therefrom that the original foundation must 
have partakew of- the- nature of a public- trust?. I, .for, my part, 
‘arh unable to concede that it ss either, firstly, because it does not 
-• harmonize'witb-’what we know of' temples which are admittedly 
■ jjrivate'^ and which’ are' of comparatively recent origin, and, 
■secondly, because" there is nolhiogdnconsistent in the .converse 
' supposition,' 'it being a' sin according to the’ Hindu ideas to keep 
' out people'even ffom a private 'shrine. In fact,- the. sanctity of a 
' piace of worship and 'the 'number of people- drawn .to it-are 
' supp'bsed to’ac\ and re-act 'upon feach 'other. Just as the number 
• of worshipers having recourse tb'a pagoda is considered toha a 



93 


test of the sacredness of the pagoda, h'is the popular belief that 
the sacredness of the pagoda is enhanced in proportion to the 
number of people going there for worship. Then, again* it 
appears to me that the definitions are wanting in clearness, and 
that they do not lake us to any distance from where we started. 
What does the term * solely intended for the use of the founder 
or members 'of his family,’ occruing in the proviso to section 2 
mean ? If it denotes temples or shrines to which the public have 
no access, then, I hope, there will not be found people wanting to 
bear me out when I say that there are no such temples in 
Travancore. If, on the other hand, the_ expression has reference 
only to such places of worship in regard to which the public do 
enjoy the privilege of entering, but not as a matter of right, ,the 
places of worship themselves not having been primarily intended 
for them or dedicated in their favour, then, what those insti- 
tutions, are and how they are to be ^ distinguished from temples 
declared to be public under section S, are, again, questions which 
have to be determined upon evidence taken- 

To proceed with'the work of legislation with such a classi- 
fication for OUT basis is? to my mind, about as prudent as taking a 
leap invthe dark, and I would, therefore, once more suggest that 
■what we have now to do is to appoint a commission to carefully 
prepare a list of the endowments which are really public, allowing 
the Bill to lie over in the meantime. If, however, there is no 
time to be lost, and we must push on as best ‘we can with the 
materials now in our possession or what, individually, we may 
happen to know about the subject, I must urge for the exemption 
of at least the Ooralraa temples from the operation of the 4aw. 

'As regards these last-mentioned temples, 1 have' already 
•told you that the general impression of>the people is that they are 
the private property of the Ooralers who are in charge of them. 
They ate not, of course, private in thej, sense 'that the> are just 



96 


intentions of the donors, to the personal use of the individuals in 
immediate charge of them.’ The wording of the preamble is 
general and is sufficiently comprehensive to include all endow- 
ments which are public. Why were the temples in Malabar, 
which are numerous as well as rich, regarded as lying outside the 
pale of the Regulation ? The learned Judges of our High Court 
say, that it was because of the substantial proprietory interest 
which the Rajahs and Jenmies of Malabar were supposed to have 
in the endowments, and they are corroborated there need be» 
by the very passage quoted by the learned Mover from the 
Report of Sir T. Muthuswami Iyer’s Committee, and which forms 
the basis of Section 2. 

Coming nest to the second of the two main questions which 
the learned Mover has discussed and answered in his speech 
asking for leave to introduce the Bill, I grant there are several 
things connected with the present administration of religious and 
charitable endowments which require mending. It is affectation 
to deny that there is mismanagement going on; but whether 
it has reached such an acute ;stage as would justify us in 
diagnosing it as ‘wholesale mis-appropriation and shameful mis- 
management ’ as the learned Mover has chosen to characterize it, 
and then applying to it the drastic remedy proposed by the Bill, 
is a matter which admits of considerable divergence of opinion. 

I have already told you what I think of the Brahmin Ootalets who 
are in charge of the majority of the religious endowments. With 
your permission, I will now quote the opinion of one to whose 
testimony, I am sure, you will attach very great weight. Speaking 
of the Brahmin Jenmies, Mr. Shungrasoobyer says that, “as a 
class, they are well-behaved, god-fearing and simple minded. 
They are faithful to their family. traditions and behests. It is a 
point of honor with them to maintain the pagodas under their 
change in as good a condition as circumstances would permit, 



97 


and nothing they regard so portentous and fatal to their 
salvation as the discontinuance of the poojas and connected 
ceremonies, or misuse of the endowments. They are known 
to strain themselves to the utmost in spite of all odds.’ To 
accuse such a body of people of systematic, or to use the learned 
Mover’s own words, ‘ wholesale misappropriation and shameful 
mismanagement’ is opposed to philosophy and to fact, and, 
I venture to submit, that is to some extent proved by the paucity 
of specific instances by means of which the learned Mover has 
attempted to substantiate his sweeping charge. Besides the 
fifty-one temples and chanties owning much wealth, and which, 
in a general way, were said to be precipitating into irreparable 
ruin, you will recollect that we nave been favored with but one 
solitary instance of a temple, once rich, having been reduced ro a 
condition of comparative poverty owing to the misconduct of 
Kariastans, I mean the Thnvikramangalam Devaswom, ‘ the 
lovely shrine on the banks of the Kararoana river.’ Now, fifty- 
two out of a total of over one thousand Ooralma temples is a 
very small number, and to infer from the mismanagement which 
is found to exist in respect of them that the remaining ones are 
also in the same unenviable predicament is, to my mind, a 
dangerous process Evidence almost conclusively disproving 
misconduct on the part of Ooralers is furnished to us by the gentle- 
men, who^e opinions we have invited, when they say that in the 
case of institutions managed by single Ooralers, there is hardy 
any mismanagement worth the name. That. I take it, is a very 
significant circumstance. If propiensity to pilfering is one of the 
besetting sins of persons who are in charge of religious and 
charitable endowments, naturally speaking, we should expect to 
find it in a state of full development in those sole managers who, 
as having no one to check or control them, are masters of the 
situation, and yet, curiously enough, they are the very persons 



• 100 


This, -then, is the position in which we find ourselves* We 
are on firm ground so far as the right of Government to interfere 
in the management of public trust's is concerned. But what the 
particular institutions are in respect of which the right is to be 
exercised, whether there is a justifying necessity, whether assump- 
tion by Government will produce all or any of the benefits which 
are expected to result from it, are questions, in regard to which, 
we are in a world-wide sea. Legislation, in these circumstances, 
is, in the words of Sir Fiiz James Stephen, ‘ Speculative Legisla- 
' tion,’ and I cannot find my way to give my vote in favor of it. 

Mr. Nagam Aiya — I beg to say a few words bv way of 
reply. Because I said that (here is mismanagement in some 
temples, it does not at all mean that I consider the whole 
Namboori Brahmins as guilty Judging from the remarks of some 
of my learned friends here, it would look as if I were a great 
enemy of the Ooraler Jenmies of Travancore. On the contrary, 
1 am the first to subscribe to the dictum of Mr. Shungrasoobyer 
that the Brahmin trustees are a well-meaning, pious and religious 
class of people, and if you wanted further evidence of my admit-' 
ation for the Namboories, their simplicity, good nature and 
religiousness, I refer you to my published official writings* which 
will bear ample testimony. 

In my former speeches, I have made it clear that the Bill 
is not intended for financial purposes, nor does Government 
desire to assume any temples, and yet some of my learned friends 
here seemed to think that Government wants to assume temples 
and that the existence of 7,000 and odd non-Sirkar temples is a 
great temptation- I will repeal that such is not the intention of 
Government, nor does the working of the Bill justify such state- 
ments. The law requires the utmost prudence from Trustees; 
so, it is really no argument that a trustee was'a good-natured or 


101 


pioas or well-intentioned. It is not enougli if a trnstee bestows 
the same care and solicitude upon trust-funds as be may be dis- 
posed, or it is his wont, to bestow upon his own. The duty of a 
trustee, says Lindley, is not to take such care only as an ordinary 
prudent man would take such care only himself to consider; the 
duty rather is.to]*take such care as he would take, if he were 
minded to make an investment for the benefit of other people for 
whom he felt morally bound to provide. Public trustees, like 
private trustees, must act with the utmost prudence. As rich 
men, they may be a little negligent in their own affairs, but they 
must in no way endanger the trust estate or run any unnecessary 
or unusual risk. 

Then, there is the gratuitous assumption made by some of 
my friends that all temples in Travancore are private I have 
only to say that that is not the case. The present condition of 
things demands Government interference, and I do not ask for 
more than what the condition of things would require or would 
justify. 


When it was said that out of 7,000 templesi I referred 
only to 52 temples of importance which are known to be mis- 
managed, it was not meant that no more than 52 temples were 
mismanaged. Why, for the matter of that, I gave an instance 
of only one temple in my last speech, viz., the Trivikramangalam 
Dsvaswom. But I said that 52 of these temples, owning several 
lakhs of rupees’ worth of property are known to be ill-managed. 
It does not appear from the criticisms what notice Government 
should take of these 52 important temples. Are they to be utterly 
neglected ^ Would that be a righteous policy or a proper one ? 
But supposing one of these temples owns for itself 5 lakhs of 
rupees’ property, and there is mbmanagement and misappropria. 
tion going on, what do you say should be done? 



101 


pious or well-intentioned. It is not enougK if a trustee bestows 
the same care and solicitude upon trust.funds as he may be dis- 
posed, or it is his wont, to bestow upon his own. The duty of a 
trustee, says Lindley, is not to take such care only as an ordinary 
prudent man would take such care only himself to consider; the 
duty rather is:to-jlake such care as he would take, if he were 
minded to make an investment for the benefit of other people for 
whom he felt morally bound to provide. Public trustees, like 
private trustees, must act with the utmost prudence. As rich 
men, they may be a little negligent in their own affairs, but they 
must in no way endanger the trust estate or run any unnecessary 
or unusual risk. 

Then, there is the gratuitous assumption made by some of 
my friends that all temples in Travancore are private I have 
only to say that that is not the case. The present condition of 
things demands Government interference, and I do not ask for 
more than what the condition of things would require or would 
justify. 

When it was said that out of 7,000 temples> I referred 
only to 52 temples of importance which ace known to be mis- 
managed, it was not meant that no more than 52 temples were 
mismanaged. Why, for the matter of that, I gave an instance 
of only one temple in my last speech, viz*, the Trivikramangalam 
Dsvasw’om. But I said that 52 of these temples, owning several 
lakhs of rupees’ worth of property ate known to be ill-managed. 
It does not appear from the criticisms whai notice Government 
should take of these 62 important temples Are they to be utterly 
neglected ? Would that be a righteous policy or a proper one ? 
But supposing one of these temples owns for itself 5 lakhs of 
rupees’ property, and there is mismanagement and misappropria- 
tion going on, what do you say should be done ? 



REFEHENCE 


I. M. K..Ramachandra Rao’s Report dated 39-9-1083 

(pages 101 to 118) 

2* Government Proceedings No. D. 4905 dated 25-10-1912 

3. Government proceedings No. D. 952 dathed 3-4-1920 

4. Report of the Devaswom Separation Committee 

dated 16-6-1096 

5. Statement of the case sent to the Advocate-General, Madras 

6. The opinion of the Advocate-General (Novr. 22. 1921) 

7- Office Note on the Advocate-General’s opinion 

8. The Devaswom Pcoclmation of 1097 (1922) 

9, Press commnnique published with the above Proclamation 
10, The Devaswom Proclamation of 1121 (1946) 

II. The Devaswom (Amendment) Proclamation of 1123 (1948) 
12. The Hindu Religious Endowments Act (as amended) 

1079 (1903) 

J3. Settlement Final Report 

14. The Travancore Sate Manual 

15. Travancore Law Report Vols. VIU, XI, XV, XVII, XXII. 



106 


to the strongly expressed views of my friends here present, ancT 
in consideration of the various difficulties which attend specific 
and definite legislation as regards cases covered by clause (a) of 
Section 5 of the Bill, I would suggest to Mr. Nagam Aiya, the 
expediency of confining the Bill to cases covered by clauses (6), 
{c) and {d) of Section 6i and to the other members, of affirming 
the principle of the Bill as regards the latter. 

Mr. Nagam Aiya. — I agree to withdraw clause (a) of 
Section 5, especially after the remarks which fell from our learned 
President, and the clear exposition he has favoured us with, of 
the effect of the case law and Section 511 of the Civil Pfocedare 
Code. 

In the light of the observations made by the President and 
the announcement from the Mover, that he was prepared to with- 
draw clause (a) of Section 5 of the Bill, a discussion followed as 
to the principie of the Bid in respect of institutions falling under 
clauses (6), (c) and (d), namely, those voluntarily surrendered by 
the trustees, those in which the Sirkar has the right of Koima or 
Melkoima and those that lapse to Government under the opera- 
tion of the law of escheat ; and it was resolved that the Bill as 
thus limited in scope be referred to a Select Committee with full 
power to modify it in any manner the Committee may deem 
necessary, 

The principle of the Bill as thus modified having been 
affirmed by the Council, Mr. Nagam Aiya proposed that the Bill 
he referred to a Select Committee consisting of Messrs. Kunh»- 
raman Nair, Thanu Pillai, Sivasubramonia Pillai and the Mover, 
to report within six months. 


Printed at the “SRI VILAS PRESS", Central Station Road, TrlranJrum—194?. 



REFERENCE 


I. M. K.^Ramachandra Rao’s Report dated 29*9-1083 

(pages 101 to 118) 

2- Government Proceedings No. D. *1905 dated 25-10-1912 

3. Government proceedings No. D. 952 dathed 3-4-1920 

4. Report of the Devaswom Separation Committee 

dated 16-6-1096 

5. Statement of the case sent to the Ad vocate.General, Madras 

6. The opinion of the Advocate*Genera! (Novr, 22. 1921) 

7. Office Note on the Advocate^General’s opinion 

8. The Devaswom Proclmation of 1097 (1922) 

9. Press communique published with the above Proclamation 
10, The Devaswom Proclamation of 1121 (1946) 

II. The Devaswom (Amendment) Proclamation of 1 123 (1948) 

12* The Hindu Religious Endowments Act {as amended) 

1079 (1903) 

13. Settlement Final Report 

14. The Travancorc Sale Manual 

15. Tcavancoce Law Report Vols- VIll, XI, XV> XVII, XXII* 



MelkoimaTights,U22, 173, 180, 395 

Mukhathu Sarvadbtkarlakars, kxvx o£ sanaad to, 262 

Nadavaravu, 38, 439 

Namaskarams, 341 

Nandavanams, 63, 446 

Nivedyams, 378 

Ooranmaipagodas, 293 

Ooralers, 6, L, C. P., 67 

Ootlupuras, 40 

Origin of Devaswom3,’6, 100, 273 
Pathivus, 381, 416 

defects in 42, 295 
revision, of, 326 
Pattuparivattom, 440 
Personal Deposit Account Devaswom, 12 
Press communique on Devaswom Proclamation of 1097, 198 
Public trust, powers of Slrkat, L. C, P., 22 
Questionnaire of Devaswom Separation Committee, 166 
Religious.Endowments, duty of State, 106* L, C. P., 6 
Religious services, 294 

Reorganisation of Devaswoms, Government proceedings, 147 
Report on State Charities and Devaswoms, 265 
Samudayams, 6, 105 
Saktimughom,*ill2 
Santhikars, 299, 432, 455, 468 

Separation of Devaswoms from L/.R, Department, 45, 143, 150 
Service^fnams Praclamation of 1068, 259 
Settlement of 992 M E., 116 
1012 M.E, 117 

I 

Sirkar Devaswoms, 265 
•.administration of, 292 
h\stoty , Financial position, etc., 27 3 



V 


Sree Padmanabba Swamy’s Pagoda, 271, S94 
ceremonies in, 67 
management of, 450 
State, a Trustee, 107, 130 
contributions, 183 

relation with Devaswoms, 106, 165, 278 
State Charities and Devaswoms, report on, 265 
administration of, 305 
government proceedings, 403 
Taluk Board, need for constituting, 315 
Tantries, 430 

Temples founded by Sovereigns, 107 
in conquered territories, 108 
repairs to, 358, 443 
Tenants of Devaswom lands, 23 
Thaniry, 368 

Thiraltu of 687 M E., 17, 32, 3", 1 !4, 126, 2S6 
of 997 M. E., 33 
Thirovabharanam, 440 

Treaties, etc., Di\'aswoms surrendered in virtue of, 110 

Trust, Theory of, 113 

Unincorporated Devaswoms, 12, 292, 392 

Vahanamy, 366 

Vazhivadus, 366, 43B 

Vilbgc Assembly. 105 

Village Board, need for constituting, 315 

Viruthy lands, 37 



BHaVaN’S library 

This book should be returned within a fortnight from the date 
last marked below 

Date of Issue I Date of Issue ] Date of Issue I Date of Issue